Crl. Misc. No. M-36534 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-36534 of 2009 (O&M) Date of decision: May 20, 2010 Gagan Verma ...Petitioner Versus State of Punjab and another ...Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Rajiv Joshi, Advocate, for the petitioner. Mr. AS Brar, Sr. DAG, Punjab, for respondent No.1. Mr. Sanjay Vij, Advocate, for respondent No.2. GURDEV SINGH, J. Heard. It has been submitted by learned counsel for the petitioner that the petitioner be permitted to withdraw the amount deposited by him, which was made a condition precedent for grant of anticipatory bail, and that he be allowed to avail his remedy before the trial court itself. It was the petitioner himself who presented before the bench of Hon'ble Mr. Justice Rajive Bhalla, that the petitioner had instructed his brother to pay the amount due under the cheque and left for America and that amount was not paid as a result of which he was declared as proclaimed offender. The offer was from the side of the petitioner himself that he was ready to deposit the sum of Rs. 50,000/- with simple interest @ 6% p.a. Thereafter, the interim anticipatory bail was granted to him, subject to Crl. Misc. No. M-36534 of 2009 2 deposit of that amount. On the next date, it was submitted that the petitioner has already deposited Rs. 80,500/- with the trial court. However, counsel for respondent No.2 came out with the plea that the civil suit, which was filed in respect of the cheque amount, was decreed for Rs. 1,89,603/- alongwith future interest @ 6% per annum. Thereafter, interim anticipatory bail was ordered to continue, subject to the deposit of the decreetal amount. That condition has not been satisfied by the petitioner. The prayer of the petitioner for withdrawal of the amount deposited by him with the trial court, which was deposited by way of condition precedent for the grant of interim anticipatory bail, itself is a ground for dismissing this petition. The petition is dismissed accordingly. May 20, 2010 (GURDEV SINGH ) prem JUDGE