High CourtsSingle Bench(2019) 09 P&H CK 0164

Ravinder Choudhary And Ors vs State Of Haryana & Another

Punjab And Haryana At Chandigarh · Decided on 20 September 2019

HON’BLE JUDGES
Augustine George Masih, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 6068 Of 2019

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Judgment

10 paragraphs · 368 words

Augustine George Masih, J

By this order, I propose to dispose of CRM-M-6068-2019, titled as "Ravinder Choudhary Versus State of Haryana & another' and CRM-M-6098-2019, titled as 'Ashok Kumar Oberoi Versus State of Haryana & another'.

Petitioners have approached this Court for grant of anticipatory bail in the light of registration of FIR No.0856 dated 06.102017, under Sections 420, 467, 468 and 471 of the Indian Penal Code, at Police Station Suraj Kund, District Faridabad, against them.

Counsel for the petitioners asserts that a compromise has been entered into between the petitioners and complainant - Yashpal Singh, dated 04.02.2019 (Annexure P-3 colly). In pursuance to the said compromise deed, total amount of Rs. 1,25,00,000/- has been received by complainant - Yashpal Singh.

Counsel for the complainant acknowledges the factum of receipt of the amount, which was the subject matter of the FIR and on which, a compromise has been entered into between the parties, dated 04.02.2019 (Annexure P-3 colly). Counsel for the complainant further states that he has no objection in case the prayer made in the applications for grant of pre-arrest bail is accepted.

Counsel for the State, on instructions from SI Dharambir Singh, P.S. Surajkund, District Faridabad, submits that although the proceedings for declaring the petitioners as proclaimed offenders have been initiated but the same have not yet been finalized and they have not been declared as such.

Keeping in view the facts and circumstances of the case as also the allegations made in the FIR, which relates to a dispute which is primarily commercial in nature with the matter having been compromised between the parties, on which, parties have acted upon, the prayer made in these petitions is accepted.

Let the petitioners appear before the Investigating Officer SI Dharambir, Police Station Suraj Kund, District Faridabad, on 23.09.2019 at 11.00 AM and join investigation.

In case the petitioners are arrested, they shall be released on bail to the satisfaction of Arresting Officer, subject to the conditions as contained in Section 438 (2) of the Code of Criminal Procedure.

The petitions stand allowed subject to revival of any of these petitions on an application to be moved by the State in case of violation/non-compliance of this order.