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Sanjay Kumar Tanwar vs State Of Haryana And Anr on 8 May, 2018

CRM-M No.38649 of 2017 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M No.38649 of 2017
Decided on: 08.05.2018

Sanjay Kumar Tanwar
….Petitioner
Versus
State of Haryana and another
….Respondents

CORAM: HON’BLE MR JUSTICE ARVIND SINGH SANGWAN

Present : Mr. J.S. Maanipur, Advocate for the petitioner.

Mr. Himmat Singh, DAG, Haryana.

Mr. Pawan Girdhar, Advocate
for respondent No.2.

ARVIND SINGH SANGWAN, J. (Oral)

The petitioner prays for grant of anticipatory bail in FIR

No.356 dated 23.05.2017 registered under Section 406 IPC at Police

Station City Fatehabad, District Fatehabad.

Interim anticipatory bail has been granted to the petitioner

by this Court vide order dated 12.10.2017, by passing the following

order:-

“Learned counsel for the petitioner relies upon
order dated 10.10.2017 passed by this Court in CRM-M-
38036 of 2017 titled as Sanjay Kumar Tanwar Versus State
of Haryana and another.

Notice of motion for 04.12.2017.

In the meantime, in the event of arrest of the
petitioner, he shall be released on ad-interim bail to the
satisfaction of the arresting officer. However, the petitioner
shall join the investigation as and when directed by the
investigating agency and shall abide by the terms and
conditions laid down under Section 438(2) Cr.P.C.

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CRM-M No.38649 of 2017 2

To be heard along with CRM-M-38036 of 2017.”

Thereafter, on 20.02.2018, it was stated by counsel for the

State that though the petitioner has joined the investigation, however,

some recovery of contribution of EPF fund of the contractual

employees, which the petitioner has taken from the DHBVNL is not

deposited by the petitioner and the counsel for the petitioner has stated

that the security deposit made by the petitioner is still lying with the

complainant and has further undertaken that he will not claim

withdrawal of the said security till decision of the trial.

Today, counsel for the petitioner has relied upon the order

dated 08.09.2017 passed by this Court in CRM-M No.13450 of 2017

wherein in similar circumstances, the interim bail granted to the

petitioner was confirmed.

Counsel for the petitioner has also relied upon the terms

and conditions of the Letter of Rate Contract for outsourcing of

Manpower for Typing services, Data Entry Operators, GIS Information

Updation, Software Maintenance Jobs/Works, wherein as per Clause

(12), it was agreed between the parties that the contract was for a period

of 01 year and the contractor will make the payment to the employees

on submission of a bill in triplicate along with proof of depositing the

EPF contribution to the EPF Trust of previous month and the contractor

will submit his bill to the DDOs by first working day of the next month

and the DDO will make the payment by 7 th of each month. Counsel for

the petitioner has, thus, submitted that the contribution was verified

each month by the complainant during the subsistence of the contract.

Counsel for the State, on instructions from ASI Baldev

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CRM-M No.38649 of 2017 3

Singh, has not disputed the factual position and submits that the

petitioner has joined the investigation and is no more required for any

further investigation.

In view of the above, the petition is allowed and the

interim bail granted to the petitioner vide order dated 12.10.2017 is

made absolute subject to the conditions envisaged under Section 438(2)

Cr.P.C.

(ARVIND SINGH SANGWAN)
JUDGE
08.05.2018
yakub
Whether speaking/reasoned Yes/No

Whether reportable: Yes/No

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