IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-37890 of 2010 (O&M) Date of decision: 7th February, 2011 Tej Partap … Petitioner Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. D.R.Punia, Advocate for the petitioner. Mr. K.D.Sachdeva, Addl. Advocate General, Punjab for the State. Mr. H.S. Baath, Advocate for the complainant. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioner in case FIR No.54 dated 11.11.2010 registered at Police Station Behram, District SBS Nagar under Sections 406 and 420 IPC. The petitioner is stated to be a student of BA Part-I. Counsel for the petitioner states that being a student, the petitioner has no concern with the affairs of his sister. A Coordinate Bench of this Court, on December 23, 2010, passed the following order: “Sister of the petitioner, along with others, had allegedly obtained Rs.6 lacs from complainant Kuldeep Chand. After the complaint was filed, the matter was taken up by the Economic Offence Wing. The petitioner being brother of Anita Devi had undertaken to repay the amount on her behalf. Similar amount had been paid by the petitioner. On Criminal Misc. No.M-37890 of 2010 (O&M) non-payment of the balance amount, the petitioner has been booked in a case of cheating. The petitioner submits that if given a fair opportunity, the petitioner is ready to honour his undertaking and pay the money to the complainant and get the matter compromised between Anita Devi and Kuldeep Chand. Notice of motion for 07.02.2011. Meanwhile, an interim direction is issued that the petitioner will join the investigation on 22.01.2011 between 10.00 AM to 4.00 PM. The petitioner will also hand over a bank draft in the name of Kuldeep Chand for a sum of Rs.50,000/- which will be handed over by the Investigating Officer to the complainant without prejudice to the rights of the complainant or the petitioner. However, in case of petitioner doing so, he shall be released on interim bail to the satisfaction of the arresting officer.” Counsel for the State, on instructions from ASI Harpal Singh of Police Station Behram, has stated that in pursuance of the order passed by a Coordinate Bench of this Court on December 23, 2010, the petitioner has handed over a draft of Rs.50,000/- drawn in the name of complainant Kuldeep Chand to the Investigating Officer, who has further handed it over to the complainant. Learned counsel has further stated that the petitioner is no longer required for custodial interrogation by the investigating agency. In view of the statement made by Counsel for the State, order dated December 23, 2010, passed by a Coordinate Bench, whereby interim bail was granted to the petitioner, is hereby affirmed and the present petition stands disposed of accordingly. [KANWALJIT SINGH AHLUWALIA] JUDGE February 7, 2011 rps 2