CRM-M No.38649 of 2017 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CRM-M No.38649 of 2017
Decided on: 08.05.2018
Sanjay Kumar Tanwar
State of Haryana and another
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
“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
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)
(ARVIND SINGH SANGWAN)
Whether speaking/reasoned Yes/No
Whether reportable: Yes/No
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