IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-13708 of 2009
Date of decision: 29th May, 2009
Charan Dass
... Petitioner
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. A.S. Bhatti, Advocate for the petitioner.
Mr. Anter Singh Brar, Sr. Deputy Advocate General, Punjab
for the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Present petition has been filed under Section 438 Cr.P.C.
seeking grant of anticipatory bail to the petitioner in case FIR No. 82 dated
17.03.2009 registered at Police Station Sadar Hoshiarpur under Section
420 IPC.
Counsel for the petitioner has relied upon Annexure P-2,
inquiry conducted by the DSP, Hoshiarpur on 16th September, 2008,
wherein it was recorded that the dispute between petitioner and the
complainant was over the borrowed money and the allegation that the
amount was parted by the complainant on pretext of going abroad is not
proved.
Counsel for the State, on instructions from Head Constable
Dharam Singh, has stated that petitioner has to pay Rs.50,000/- to the
complainant.
Criminal Misc. No. M-13708 of 2009 2
Mr. A.S. Bhatti appearing for the petitioner has stated that the
amount due is Rs.40,000/-. Mr. Bhatti, on instructions from the petitioner,
who is present in Court, has stated that he is ready and willing to deposit
Rs.40,000/- in the Court of Chief Judicial Magistrate, Hoshiarpur within four
months from today.
Accordingly, petitioner is released on interim bail for a period
of four months. In case petitioner keeps his word and deposits Rs.40,000/-
in the Court of Chief Judicial Magistrate, Hoshiarpur, the Chief Judicial
Magistrate, Hoshiarpur shall accept the bail bonds of the petitioner. Non-
deposit of the amount in pursuance of the offer made by the petitioner shall
disentitle the petitioner for any relief of pre-arrest bail.
With these observations, present petition is disposed off.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
May 29, 2009
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