IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 13325 of 2010(O&M) Date of Decision: August 30, 2010. Deepak Batra ...... PETITIONER(s) Versus State of Punjab ...... RESPONDENT(s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. A.P.S.Deol, Sr. Advocate with Mr. Davinder Bir Singh, Advocate for the petitioner. Mr. K.D.Sachdeva, Addl.A.G., Punjab. ***** RAM CHAND GUPTA, J.(Oral) The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.140 dated 30.03.2010, under Sections 420/120-B IPC, registered at Police Station Division No.5, Ludhiana. I have heard learned counsel for the parties and have gone through the whole record. Coordinate Bench of this Court while issuing notice of motion on 25.05.2010 passed the following order:- “Crl.M.28162 of 2010 CRM No.M-13325 of 2010 This is a petition under Section 482 Cr.P.C. for placing on record the photocopies of Annexures P/4 to P/7 and also for exemption from filing the true typed and certified copies of the same. The application is allowed. Exemption from filing true typed and certified of documents No.P/4 to P/7 is granted. The documents are taken, on record, subject to all just exceptions. Crl.M.13325-M of 2010 This petition under Section 438 Cr.P.C., for the grant of anticipatory bail in case FIR No.140 dated 30.3.2010, under Sections 420 and 120-B of the Indian Penal Code, Police Station Division No.5, Ludhiana, has been filed by the accused- petitioner. The Counsel for the petitioner, has submitted that the petitioner has been making purchases, from various firms, including M/s. Jangara Impex India and M/s Nand Lal Khurana through cheques. He has further submitted that these purchases are genuine. He has relied upon Annexure P/6, a detailed statement of account showing the payment to the aforesaid firms, through cheques, and copy of VAT Form 15 showing the purchase and sale details. He has further submitted that the petitioner is the second purchaser and if M/s.Jangara Impex India and M/s.Nand Lal Khurana did not show the amount of sale of goods, received from the petitioner, being the first purchasers, then they are liable to pay VAT. He has further submitted that the petitioner is paying VAT, on the profit earned by him. The Counsel for the respondent has submitted that copies of aforementioned documents, have not been supplied to her. The same be supplied to her immediately for the purpose of verification, as to whether, the same are genuine or not. In the meanwhile, in the event of arrest, the accused- petitioner shall be released on interim anticipatory bail, by the Arresting Officer, on his furnishing the bail bonds, in the 2 CRM No.M-13325 of 2010 adequate sum, to his satisfaction and subject to the compliance of the provisions of Section 438(2) Cr.P.C. Adjourned to 2.7.2010 for arguments.” It has been stated by learned counsel for the petitioner that he has already joined the investigation and complied with the order dated 25.05.2010 and handed over all the documents in his possession to the Investigating Officer. It has also been contended that no cheating has been committed by him and that offence, if any, is committed by the original purchasers i.e. M/s Jangara Impex India and M/s Nand Lal Khurana and that petitioner is the second purchaser against VAT Form 15. It has also been stated by learned counsel for the State that petitioner has already handed over the documents in his possession and hence, he is not required for any custodial interrogation. 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. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Deepak Batra, is accepted and order dated 25.05.2010 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. The present petition stands disposed of accordingly. ( RAM CHAND GUPTA ) August 30, 2010. JUDGE 'om' 3