Crl.M.No.M-11803 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-11803 of 2010 (O&M) Date of Decision: July 6, 2010 Gurvinder Singh @ Lal Singh .....Petitioner v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Gulshan Mehta, Advocate for the petitioner. Mr.P.M.Anand, Addl. A.G., Haryana. ...... 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.665, dated 13.11.2009, registered under Sections 420, 120-B IPC, at Police Station Civil Lines, Hisar. I have heard learned counsel for the parties and have gone through the whole record carefully. A coordinate Bench of this Court while issuing notice of motion on 26.4.2010, passed the following order: “ This petition has been filed under Section 438 Cr.P.C. for grant of bail to the petitioner in case FIR No.665, dated 13.11.2009, under Sections 420, 120-B IPC, registered with Police Station, Civil Lines, Hisar. Learned counsel contends that as per the best case set up in the FIR, the complainant had business transaction with the petitioner wherefor the petitioner had issued a cheque which has been dishonoured. It is the contention of the learned counsel that at best, complaint under Section 138 of the Negotiable Instruments Act, 1881 could have been filed. It has also been contended that in money transaction, FIR cannot be lodged and only a recovery suit Crl.M.No.M-11803 of 2010 (O&M) -2- could be filed. Learned counsel further states that the cheque had been issued from the account of Mahesh Kumar. Petitioner is not the signatory. Petitioner is ready and willing to give his hand-writing/signature samples if he is allowed to join investigation. Co-accused of the petitioner is also on bail. Notice of motion for 6.7.2010. In the meantime, in the event of arrest, the petitioner will be released on interim 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; and (iii) The petitioner shall not leave India without the previous permission of the Court.'” It has been stated by learned counsel for the petitioner that pursuant to the said order, the petitioner has already joined the investigation. It has been stated by learned State counsel as well that the petitioner has joined the investigation and that he is no more required for any custodial interrogation by the police. 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. In view of these facts and without expressing any opinion on the merits of the case, order dated 26.4.2010, granting interim bail to petitioner-Gurvinder Singh @ Lal Singh, is, hereby confirmed subject to the compliance of conditions contained in Section 438(2) Cr.P.C. The present petition stands disposed of accordingly. 6.7.2010 (Ram Chand Gupta) meenu Judge Crl.M.No.M-11803 of 2010 (O&M) -3-