Crl.M.No.M-30999 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-30999 of 2009 (O&M) Date of Decision: June 30, 2010 Ram Kishan .....Petitioner v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Raj Mohan Singh, Advocate for the petitioner. Mr.P.M.Anand, Addl.A.G., Haryana. Mr.A.S.Kalra, Advocate for the complainant. ...... RAM CHAND GUPTA, J.(Oral) The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in FIR No.274, dated 14.10.2009, registered under Sections 420, 467, 468, 506 IPC, at Police Station Civil Lines, Bhiwani, District Bhiwani. I have heard learned counsel for the parties and have gone through the whole record carefully. A coordinate Bench of this Court on 25.11.2009, while granting interim bail to the petitioner, passed the following order: “ Learned counsel for the petitioner has submitted that petitioner has received an amount of Rs.11 lacs as earnest money, whereas the case of the complainant is that Rs.21 lacs have been received. Since the amount of Rs.11 lacs has been admitted by the petitioner, so counsel for the petitioner has offered to deposit Crl.M.No.M-30999 of 2009 (O&M) -2- that amount in the trial Court within 15 days from today. The said amount of Rs.11 lacs be deposited in the trial Court in the shape of Fixed Deposit Receipt in the name of the trial Court and that amount shall be paid to the successful party. On deposit of said amount, the petitioner is ordered to be released on interim bail to the satisfaction of SHO/Investigating Officer, on compliance of the conditions envisaged in Section 438(2) Cr.P.C. and on joining the investigation. Counsel for the complainant wants to place on record the original agreement. Now, to come up on 8.1.2010.” It has been stated by learned counsel for the petitioner that petitioner has already deposited Rs.11 lacs with the Court, which were admittedly received as earnest money, as per order of the Court and that he has also joined the investigation. He has also stated that he is having no objection if the said amount is paid to complainant. It has been stated by learned State counsel that petitioner has already joined the investigation and that he has deposited Rs.11 lacs with the Court and that the State is having no objection if the said amount is returned to the complainant. It has been further stated by learned State counsel that investigation is complete and custodial interrogation of the petitioner is not required. Bail application has been opposed by learned counsel for the complainant. It has been argued by learned counsel for the complainant that amount, which admittedly belongs to the complainant, may be ordered to be returned to him. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Crl.M.No.M-30999 of 2009 (O&M) -3- In view of these facts and without expressing any opinion on the merits of the case, order dated 25.11.2009, granting interim bail to petitioner-Ram Kishan, is, hereby confirmed subject to the compliance of conditions contained in Section 438(2) Cr.P.C. However, learned trial Court is directed to return the amount of Rs.11 lacs, which was already deposited by petitioner -accused, to the complainant. The present petition stands disposed of accordingly. 30.6.2010 (Ram Chand Gupta) meenu Judge