IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.48596-M of 2007 (O&M) DATE OF DECISION : SEPTEMBER 17, 2008 HARJINDER SINGH SODHI ....... PETITIONER(S) VERSUS UT CHANDIGARH & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Gurcharan Dass, Advocate, for the petitioner(s). Mr. Sukant Gupta, APP, UT, Chandigarh. Mr. PankajBali, Advocate, for respondent No.2. AJAI LAMBA, J. (Oral) This petition under Section 438, Code of Criminal Procedure, has been filed for grant of bail in FIR No.311 dated 22.8.2007 under Sections 406, 498-A, Indian Penal Code, Police Station, Sector 39, Chandigarh. A dispute has arisen. While the petitioner claims that all the articles have been recovered by the Investigating Agency, respondent No.2- complainant and the Investigating Agency dispute this fact. Learned counsel for the petitioner has drawn the attention of the Court towards document dated 17.6.2007 (Annexure P-1). The Criminal Misc.48596-M of 2007 (O&M) 2 document indicates that the complainant had stated “Now whatever articles I need I am taking those alongwith my mother Neelam and father and we are going to Chandigarh. I am wearing 3 rings in my fingers and ginny Mangla Sutra which I am taking. I am not having any other article with me besides this”. Learned counsel for the petitioner has offered that so as to resolve the issue of recovery, the petitioner is willing to deposit a sum of Rs.50,000/- with the Illaqa Magistrate subject to his right to claim the same in case he is acquitted. Having regard to the offer made by the learned counsel for the petitioner, this petition is allowed. Order dated 1.2.2008 is hereby made absolute and it is directed that in the event of arrest, the petitioner shall be enlarged on bail on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions : i) the petitioner shall make himself available for interrogation as and when required; ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; iii)the petitioner shall not leave India without the previous permission of the Court; and iv)the petitioner shall deposit a sum of Rs.50,000/- with the Illaqa Magistrate, within 10 days from today. The deposit, however, shall be subject to the final outcome of the trial/case. In case, the petitioner is acquitted, he would be entitled to claim the amount. This order shall enure till 10 days after the petitioner receives Criminal Misc.48596-M of 2007 (O&M) 3 a notice of filing of final report u/s 173, Cr.P.C, within which period, the petitioner would be at liberty to apply for regular bail. September 17, 2008 ( AJAI LAMBA ) Kang JUDGE