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Judgment
Arvind Singh Sangwan, J
Prayer in this petition is for grant of anticipatory bail in FIR No.99 dated 07.11.2021 under Sections 420 & 120-B IPC, registered at Police Station City Mallanwala, District Ferozepur.
While granting interim bail to the petitioner, following order was passed by this Court on 18.01.2022: -
“…Counsel for the petitioner submits that as per the affidavit of the petitioner, he has deposited Rs.16,70,912/- as security-cum-earnest money through RTGS in the account of General Manager- cum-Mining Officer, Ferozepur. It is also submitted that there is a delay of 05 years in registration of the FIR.
This fact is not disputed by counsel for the State...”
Learned counsel for the petitioner submits that in pursuance of the aforesaid order, the petitioner has joined the investigation and is not required for any further investigation.
Learned State counsel, on instructions from the Investigating Officer, has not disputed the factual position and states that the petitioner is no more required for any further investigation.
Learned counsel for the complainant has, however, submitted that after taking the money from the complainant, the petitioner has deposited the said amount in his own account and not in the name of the complainant.
In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 18.01.2022 is made absolute subject to the conditions envisaged under Section 438 (2) Cr.P.C.
Since the complainant has a remedy to approach the department for clarification of the same, he is granted liberty to avail the remedy.
Disposed of, accordingly.
