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(2020) Law Today Live Doc. Id. 15500 = 2020 L.A.R. (e-Suppl.) 1466
Decided on: 12.10.2020
Present:
Mr. Suvir Sidhu, Advocate for the petitioner.
Ms. Aditi Girdhar, AAG, Haryana.
Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Indian Penal Code, 1860 (45 of 1860), Section 420, 406, 120-B, 384, 370 – Emigration Act, 1983 (31 of 1983), Section 24 – Anticipatory bail -- Delay of over two years in registering the FIR -- Co-accused were paid money through bank transactions while the petitioner was paid a sum of Rs.3,00,000/- in cash for sending the son of the complainant abroad -- Matter had earlier been compromised on 30.12.2018 -- Petitioner is not involved in any other criminal case – Court directed the petitioner to appear before the Investigating Officer and join the investigation and in the event of his arrest, he was ordered to be released on ad-interim bail – Although, petitioner has joined investigation but recovery of the money has to be effected – In view of the submission and Covid-19 situation, interim bail granted to the petitioner is made absolute.
(Para 3-6)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. Heard through video conferencing.
2. The petitioner is seeking anticipatory bail in FIR No. 405 dated 18.12.2019, under Sections 420, 406, 506, 120-B, 384 and 370 of the Indian Penal Code, 1860, and Section 24 of the Immigration Act, 1924, registered at Police Station Taraori, District Karnal.
3. Learned counsel for the petitioner contends that there is a delay of over two years in registering the FIR wherein it is alleged that co-accused were paid money through bank transactions while the petitioner was paid a sum of Rs.3,00,000/- in cash for sending the son of the complainant abroad. He also contends that the matter had earlier been compromised on 30.12.2018. He has referred to the copy of the compromise at Annexure P4. He further contends that the petitioner is not involved in any other criminal case.
4. This Court, by the order dated 10.09.2020, had directed the petitioner to appear before the Investigating Officer and join the investigation and in the event of his arrest, he was ordered to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C.
5. Learned State counsel, upon instructions from ASI Karambir Singh, contends that although the petitioner has joined investigation but recovery of the money has to be effected.
6. In view of the submissions of learned counsel for the petitioner especially when the petitioner having joined investigation and the Covid-19 Pandemic, the order dated 10.09.2020 granting interim bail to the petitioner is made absolute.
7. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon to do so.
8. The petition stands disposed of.
Petition allowed.
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