Criminal Misc. No. M-33822 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. 1. Criminal Misc. No. M-33822 of 2008 Date of Decision: 16.2.2009 Jaswant Singh and Others …Petitioners Versus State of Haryana …Respondent AND 2. Criminal Misc. No. M-33975 of 2008 Vibhor …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. B.S. Dhillon, Advocate for Mr. Jagram Singh Cooner, Advocate for the petitioners (In Criminal Misc. No. M-33822 of 2008) Mr. Vibhav Jain, Advocate for the petitioner (In Criminal Misc. No. M-33975 of 2008) Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, for the State. Mr. Gurinder Singh, Advocate for the complainant. Criminal Misc. No. M-33822 of 2008 2 Kanwaljit Singh Ahluwalia, J. (Oral) By this common order, two petitions i.e. Criminal Misc. Nos. M- 33822 of 2008 titled as “Jaswant Singh & Others v. State of Haryana” and M- 33975 of 2008 titled as “Vibhor v. State of Haryana” shall be decided together. The complainant is a farmer and was growing potato crop. His grievance is that he had sold his crop at the shop of the accused. It is stated that shop was being run on a partnership basis by four accused namely, Jaswant Singh son of Prem Parkash, Ram Singh son of Puran Chand, Irfan Ali son of Ziledar Khan and Vibhor son of Parveen Kumar. It has been further stated in the FIR that crop sold was worth Rs.5,32,000/- and the accused had paid a sum of Rs.2,00,000/- and Rs.3,32,000/- were duped. A Co-ordinate Bench of this Court on 22.12.2008 had stated that pre-arrest bail is granted to the petitioners subject to depositing a sum of Rs.3,32,000/- within one week. This Court is bound to extend due respect to the order passed by a Co-ordinate Bench of this Court. Counsel for petitioner Vibhor in Criminal Misc. No. M-33975 of 2008 has stated that he is ready to pay his share of Rs.80,000/-. Rs.80,000/- has been handed over to the Investigating Officer by the counsel for Vibhor, accused, through Mr. S.S. Mor, Senior Deputy Advocate General, Haryana. Counsel further submits that he has deposited the amount without any admission of his guilty and in case the trial Court, determine later that no potato crop was sold to Vibhor, the amount be got returned to him. Criminal Misc. No. M-33822 of 2008 3 The amount be deposited in the Court of the Chief Judicial Magistrate, Kurukshetra, by the Investigating Officer, who will disburse the amount to the complainant after due verification, and ensuring necessary surety, that in case it is held that no crop was sold to petitioner Vibhor, the amount can be returned to him. In view of the order passed by a Co-ordinate Bench of this Court on 24.12.02008 in Criminal Misc. No. M-33975 of 2008, and the fact that the petitioner has complied with the order of the Co-ordinate Bench, pre-arrest bail granted to petitioner Vibhor is affirmed till the presentation of final report under Section 173 Cr.P.C. Thereafter, the petitioner shall be permitted to furnish regular bail bonds. Since petitioners Jaswant Singh, Ram and Irfan Ali have not complied with the order passed by a Co-ordinate Bench, their application for grant of pre-arrest bail is declined. With the observations made above, both Criminal Misc. Nos. M-33822 of 2008 and No. M-33975 of 2008 are disposed off. Copy of order be given under signatures of Court Secretary to Investigating Officer for depositing the amount. (Kanwaljit Singh Ahluwalia) Judge February 16, 2009 “DK”