Som Nath Malhotra vs State Of Punjab on 10 February, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                Crl. Misc No. M-29622 of 2008
                                Date of decision : 10.02.2009

Som Nath Malhotra
                                                         ....Petitioner

                                       V/s


State of Punjab
                                                         ....Respondent.

BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA

Present: Mr. P.S. Jammu, Advocate for the petitioner.

Mr. Shailesh Gupta, DAG Punjab.

RAJAN GUPTA J. (ORAL)

Learned counsel for the petitioner submits that pursuant to

order dated 12.11.2008, petitioner has already joined the investigation.

According to the counsel, entire dispute is of civil nature and civil suit is

also pending before the civil court.

Learned counsel for the State though does not dispute the fact

that petitioner had joined the investigation but submits that certain

recoveries are yet to be effected from the petitioner.

In the facts and circumstances of the case, I am of the

considered view that petitioner deserves the concession of bail.

Accordingly, it is directed that petitioner shall cooperate with the

investigating agency in every manner and the order dated 12.11.2008,

passed by this Court, granting ad-interim anticipatory bail to the petitioner

is hereby made absolute, subject to the conditions as envisaged under

Section 438(2) Cr.P.C.

10.02.2009                                               (RAJAN GUPTA)
Ajay                                                        JUDGE