IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-21498 of 2009 (O/M). Date of Decision : October 22, 2009. Anil Mahey ...... Petitioner(s). Versus. State of Haryana ..... Respondent(s). CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. S.S. Dinarpur, Advocate, for the petitioner(s). Mr. Ashok Kumar Jindal, A.A.G. Haryana, for respondent-State. Mr. Gaurva Sethi, Advocate, for complainant. AUGUSTINE GEORGE MASIH, J. (ORAL). Counsel for the petitioner states that in compliance of order dated 11.08.2009, passed by this Court, the petitioner had joined the investigation. This fact is not disputed by counsel for respondent-State, on instructions from A.S.I. Balwant Rai, Police Station Baldev Nagar, Ambala City. He, however, states that recovery of amount of more than Rs. 3,00,000/- has to be effected from the petitioner. Counsel for complainant vehemently argues that a fraud has been played upon the complainant, therefore, benefit of concession of bail should not be granted to the petitioner. Para-8 of the civil suit, which has been filed by the complainant against the petitioner, wherein the property, which is now question of Criminal Misc. No. M-21498 of 2009. dispute, has been clearly held to be sold through the petitioner to some other person and the amount had been received by the complainant. The said civil suit is already pending against the petitioner, and, therefore, at this stage, it would be difficult to come to a conclusion as to whether a fraud has indeed been played by the petitioner upon the complainant or not. But, in view of the fact that the petitioner had joined the investigation and cooperated with the same, except for recovery part of money, if a fraud has been found to be committed by the petitioner, he would ultimately be punished by the Trial Court, therefore, the order dated 11.08.2009 is hereby confirmed. However, the petitioner shall be bound by the provisions of Section 438 (2) Cr.P.C. Any observations made herein above, shall have no effect on the merits of the trial, which is to commence against the petitioner. (AUGUSTINE GEORGE MASIH) JUDGE October 22, 2009. sjks. -2-