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CRM-M No.8985 of 2020 1
204
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.8985 of 2020
Date of Decision:30.07.2021
PRABHDIAL SINGH ……Petitioner
Vs
STATE OF PUNJAB …..Respondent
CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Ms. Amandeep Kaur, Advocate
for the petitioner.
Mr. Amar Ashok Pathak, Addl. A.G. Punjab.
****
RAJ MOHAN SINGH, J. (Oral)
The case has been taken up for hearing through video
conferencing.
Petitioner seeks grant of anticipatory bail under Section
438 Cr.P.C in case bearing FIR No.220 dated 06.09.2018
registered under Section 406 IPC, at Police Station Civil Lines,
Bathinda.
On 02.03.2020, following order was passed:-
“Learned counsel for the petitioner contends that as
per allegations in the FIR, the petitioner has operated Ajax Flori
Agro Machine from November 2016 till 06.09.2018 and he took
the machine to Rajasthan and thereafter to Madhya Pradesh
and has not returned the same to the complainant.
Per contra, the case of the petitioner is that he never
took the machine to Rajasthan or Madhya Pradesh. He has
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alleged that the complainant had taken blank signed security
cheques bearing No.794923 and 794924 from the petitioner and
after completion of the work at Village Sardargarh, the petitioner
has settled the account with the complainant and made payment
of outstanding dues of rent of the machine to the complainant,
but the complainant did not return the cheques, rather misused
the same by filing complaint under Section 138 of the Negotiable
Instruments Act. The complaint is pending before the Court.
Besides filing the complaint, the petitioner has also lodged the
present FIR.
Notice of motion for 27.04.2020.
In the meanwhile, petitioner is directed to appear
before the SHO/Investigating Officer to join investigation on
06.03.2020 at 11.00 a.m. and in the event of his arrest, he shall
be enlarged on ad interim bail, subject to his furnishing requisite
bail bonds/surety bonds to the satisfaction of Arresting Officer.
However, petitioner shall abide by the conditions as envisaged
under Section 438(2) Cr.P.C.”
Learned counsel for the petitioner submits that in
compliance of the order dated 02.03.2020, petitioner has joined
the investigation to the entire satisfaction of the Investigating
Officer.
Learned State counsel on instructions from
Investigating Officer admits the aforesaid fact and submits that
the petitioner after the formal arrest has been released on
interim bail.
Learned State counsel further submits that petitioner
has joined the investigation to the entire satisfaction of the
Investigating Officer and he is no more required for custodial
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CRM-M No.8985 of 2020 3
interrogation in the case.
In the very nature of allegations and denial by the
petitioner, the custody of the petitioner is not required for any
custodial interrogation. Since the petitioner has joined the
investigation, therefore the interim order dated 02.03.2020 is
made absolute. Petitioner shall keep on joining the investigation
as and when required to do so and he shall abide by the
conditions as envisaged under Section 438(2) Cr.P.C.
Petition stands disposed of.
(RAJ MOHAN SINGH)
30.07.2021 JUDGE
Amandeep
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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