IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M 35237 of 2010 Date of decision:17.12.2010 Shiv Kumar Duggal ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Kunal Dawar, Advocate for the petitioner Mr.Amandeep Singh, AAG, Haryana *** Ram Chand Gupta, J.(Oral) The present petition has been filed by petitioner Shiv Kumar Duggal under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No.298 dated 23.8.2010 registered under Sections 406 and 420 IPC at Police Station Faridabad Old, District Faridabad. I have heard learned counsel for the parties and have gone through the whole record. This Court while issuing notice of motion on 1.12.2010 passed the following order:- “Crl.M.No.62590 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M 35237 of 2010 Contends that even as per averments in the FIR no offence under Sections 420and 406 is made out against the petitioner accused. Further contends that petitioner and complainant were having business dealings and on account of CRM No.M 35237 of 2010 -2- that cheque was issued as a security before the account closed. Further contends that offence, if any, made out against the petitioner-accused is under Section 138 of the Negotiable Instruments Act. Notice of motion for 17.12.2010. Meanwhile, 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 the conditions specified under Section 438 (2) of Cr.P.C.” It has been stated by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 1.12.2010. It has also been stated by learned counsel for the State that petitioner has joined the investigation and that he is no more 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 petition filed on behalf of petitioner Shiv Kumar Duggal is accepted and order dated 1.12.2010 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. December 17, 2010 (RAM CHAND GUPTA) gsv JUDGE