Munish Kumar vs State Of U.T. Chandigarh on 19 August, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                Crl. Misc No. M-17816 of 2009
                                Date of decision : 19.08.2009


Munish Kumar
                                                         ....Petitioner

                                      V/s

State of U.T. Chandigarh
                                                         ....Respondent

BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA

Present: Ms. Naveen Malik, Advocate
for the petitioner.

Mr. D.D. Sharma, Advocate
for the U.T. Chandigarh.

RAJAN GUPTA J. (ORAL)

This is a petition for grant of anticipatory bail in a case

registered against the petitioner under Sections 420, 467, 468, 471, 474 IPC

at police station Sector 17, Chandigarh vide FIR No. 52 dated 17.02.2009.

Learned counsel for the petitioner submits that the entire

amount which was received by Naveen Nayer, has been repaid by now.

Learned counsel for the U.T. Chandigarh submits that pursuant

to order dated 07.07.2009, petitioner has joined the investigation. He has,

however, refuted the claim of the petitioner that the entire amount which is

the subject matter of the FIR (i.e. Rs. 50 lacs) has been repaid. According to

the counsel, the cheques which were issued pursuant to alleged compromise,

Annexure P-2 have been dishonoured by the bank. He has also submitted

that the petitioner is one of the main accused in the case and is required for

the purpose of custodial interrogation.

Keeping in view the seriousness of allegations and the fact that
Crl. Misc No. M-17816 of 2009 -2-

the cheques purportedly issued pursuant to compromise have been

dishonored, petitioner is not entitled to the concession of anticipatory bail. I

thus, find no merit in the petition. The same is hereby, dismissed.

19.08.2009                                                (RAJAN GUPTA)
Ajay                                                         JUDGE