Full Judgment
In the High Court of Punjab and Haryana at Chandigarh CRM-M No.232 of 2013 (O&M) Date of decision:
31. 1.2013 Mohinder Kumar ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.B.D.Sharma, Advocate, for the petitioner.
Mr.K.D.S.Sidhu, Addl.A.G, Punjab.
Mr.Vivek Thakur, Advocate, for the complainant.
**** SABINA, J.
This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.254 dated 28.11.2012, under Sections 406/ 420 of the Indian Penal Code, 1860 registered at Police Station Bawa Khel, Jalandhar.
While issuing notice of motion, the following order was passed by this Court on 8.1.2013:- “ Learned counsel for the petitioner has submitted that in fact the complainant and her friend were working as travel agents.
Petitioner had given ` 2,50,000/- to the complainant and her friend for sending his son abroad.
However, the son of the petitioner was CRM-M No.232 of 2013 (O&M) -2- not sent abroad.
Some of the amount was returned to the petitioner by the complainant.
The complainant with a view to escape her liability from repayment of the money, paid by the petitioner to her, has falsely involved the petitioner in this case.
Notice of motion for 31.1.2013.
In the meantime, in the event of arrest, petitioner be admitted to interim bail subject to the satisfaction of the Arresting Officer.
He shall abide by the conditions envisaged under Section 438 (2) of the Code of Criminal Procedure, 1973.”
Learned State counsel, on instructions from HC Binder Singh has submitted that the petitioner has joined investigation in terms of the order reproduced above.
Accordingly, without expressing any opinion on the merits of the case, the order dated 8.1.2013, granting interim bail to the petitioner, is made absolute.
Petition stands disposed of accordingly.
(SABINA) JUDGE January 31, 2013 anita