IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-3800 of 2009 (O&M) Date of decision: 20th February, 2009 Radhey Shyam … Petitioner Versus State of Haryana … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sat Narayan Yadav, Advocate for the petitioner. Mr. S.S. Mor, Senior DAG Haryana for the State. Ms. Munisha Lamba, Advocate for the complainant. KANWALJIT SINGH AHLUWALIA, J. (ORAL) On February 10, 2009, this Court had passed the following order: “Counsel for the petitioner contends that petitioner is Sarpanch of the village. Allegation against the petitioner is that complainant has handed over Rs.51000/- as cost to the Sarpanch, which have not been deposited in the accounts of the Panchayat. Counsel for the petitioner states that he is ready and willing to deposit Rs.51,000/-, subject to final outcome of the trial. The amount be deposited in the form of FDR before Chief Judicial Magistrate, Narnaul on or before 13th February, 2009. Issue notice of motion to AG Haryana for 20th February, 2009. In the event of arrest, petitioner shall be released on interim bail to the satisfaction of the arresting officer. However, Criminal Misc. No. M-3800 of 2009 (O&M) petitioner shall join investigation as and when called for. Petition shall abide by the conditions specified under Section 438 (2) Cr.P.C.” Petitioner has placed on record true copy of the order passed by the trial Court, which reflect that petitioner has deposited an FDR of Rs.51,000/- in the trial Court. After the conclusion of the trial, the trial Court may determine as to who is entitled to the amount of FDR. Counsel has stated that deposit of FDR by the petitioner may not be construed as admission of the guilt. Petitioner will be at liberty to raise all arguments before the trial Court. Accordingly, order dated February 10, 2009 is made absolute till submission of report under Section 173 Cr.P.C. (challan). Thereafter, petitioner will be permitted to furnish regular bail bonds to the satisfaction of the trial Court. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE February 20, 2009 rps