Crl.M.No.M-23663 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. 1. Crl.M.No.M-23663 of 2010 (O&M) Joginder alias Gindi .....Petitioner v. State of Haryana .....Respondent 2. Crl.M.No.27283 of 2010 (O&M) Avdesh and others .....Petitioners v. State of Haryana .....Respondent Date of Decision:October 11, 2010 CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Sanjeev Roy, Advocate for Mr.Shiv Kumar, Advocate for the petitioner in Crl.M.No.M-23663 of 2010. Mr.Rajesh Lamba, Advocate for the petitioners in Crl.M.No.M-27283 of 2010 Mr.P.M.Anand,Addl.A.G.. Haryana. ...... RAM CHAND GUPTA, J.(Oral) This order will dispose of both the aforementioned petitions bearing Crl.M.Nos.M-23663 and 27283 of 2010, filed by petitioners under Section 438 Cr.P.C. for grant of anticipatory bail to them in case FIR No.311,dated 28.7.2010, under Sections 420, 467, 468, 471, 447, 120-B, 506 IPC, registered at Police Station Sarai Khawaja, Faridabad. I have heard learned counsel for the parties and have gone through the whole record carefully. This Court while issuing notice of motion in Crl.M.No.M- 23663 of 2010, passed the following order on 17.8.2010: “Crl.M.No.42139 of 2010 Crl.M.No.M-23663 of 2010 (O&M) -2- Application is allowed subject to all just exceptions. Crl.M.No.M-23663 of 2010 Argues that petitioner is having no concern with Green Estate HRI Plot Holder Association. Further contends that petitioner has not executed any alleged agreement, Annexure P2, and rather the same has been forged by the complainant himself and the same does not even contain signature of alleged vendee. Further contends that he has not received any amount from anybody. Further contends that dispute is inter se between the members of the society and the land of society has been sold by other members of the society including the complainant and that FIR No.22, dated 24.2.2008 has also been registered against the present complainant by the society. Notice of motion for 8.9.2010. However, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C. ” This Court while issuing notice of motion in Crl.M.No.M- 27283 of 2010 passed the following order on 20.9.2010:- “Crl.M.No.48671 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-27283 of 2010 Contends that petitioners are having no concern with the Green Estate HRI Plot Holder Association. Further contends that petitioners have not executed any agreement and rather the same was forged by the complainant himself as the same does not even contain signatures of alleged vendee. Further contends that petitioners have not received any amount from anybody and that dispute is inter se between the members of the society and the land of society has been sold by other members of the society including the complainant and that FIR No.22 dated 24.1.2008 has already been registered against the present complainant by the society. Further contends that case Crl.M.No.M-23663 of 2010 (O&M) -3- of present petitioner is even on better footings than the case of co-accused Joginder alias Gindi, who has already been granted benefit of interim anticipatory bail by this Court in Crl.M.No.M-23663 of 2010. Notice of motion for 11.10.2010. However, petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C. To be heard alongwith Crl.M.No.M-23663 of 2010.” It has been stated by both learned counsel for the petitioners that pursuant to the said orders, the petitioners have already joined the investigation. It has been stated by learned State counsel as well that the petitioners have joined the investigation and that they are no more required for any custodial interrogation by the police. There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. In view of these facts and without expressing any opinion on the merits of the case, orders dated 17.8.2010 and 20.9.2010, granting interim bail to petitioners-Joginder alias Gindi and Avdesh, Virender Singh @ Annu and Sudhir, are, hereby made absolute subject to the compliance of conditions contained in Section 438(2) Cr.P.C. Both the petitions stand disposed of accordingly. 11.10.2010 (Ram Chand Gupta) meenu Judge