2018(09)LCX0016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

HON'BLE MR. JUSTICE INDERJIT SINGH

HARMEET SINGH

Versus

State of Punjab

CRM-M-20686-2018 (O & M), dated 28/09/2018

Cases Quoted -

..

Advocated By -

Mr. Ish Puneet Singh,for the petitioner.

Ms. Monika Jalota, DAG, Punjab.

INDERJIT SINGH, J. (Oral)

Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.65 dated 06.04.2018, registered at Police Station Maqsudan, Jalandhar Rural, under Sections 406 and 420 of the Indian Penal Code.

Notice of motion was issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record.

As per the allegations in the FIR, the present petitioner alongwith one Sanjeev Sood had been handed over an amount of `12,04,667/- in cash to be paid to M/s Parasnath Organic Pvt. Ltd., which was to supply industrial oil to the complainant through M/s J.S.Enterprises, who were to give 5% refund of the GST. As per the allegations, they did not deposit the amount in its account and thereafter, sent it to M/s Parasnath Organic Pvt. Ltd.

The Coordinate Bench while granting interim bail has already observed that custodial interrogation of the petitioner is not required. In pursuance of the interim order dated 21.05.2018 passed by this Court, the petitioner has already joined the investigation. Therefore, no useful purpose will be served by sending him to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 21.05.2018, granting interim bail to the petitioner, is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.

28.09.2018                                                                                                                                     (INDERJITSINGH)  Praveenkumar                                                                                                                                                                                                                              
                                                                                                                                                                                                                                         JUDGE

Note:                                            Whether speaking/reasoned     : Yes
                                                    Whether reportable                  : No