Crl. Misc No. M 5544 OF 2011 ****** Dr. Ram Pal Kashyap vs The State of Haryana Present : Mr. J.P.Sharma, Advocate for the petitioner. Mr. H.S.Sra, Addl. A.G Haryana ******* The petitioner seeks grant of anticipatory bail in case FIR No.17, dated 10.01.2011, registered under Sections 420, 467, 468, 471, 120- B of the IPC, at Police Station Sadar, Karnal. On the last date of hearing, the following order was passed :- “ Learned counsel states that the petitioner was not present at the time when the money was handed over to the main accused persons but just accompanied the complainants on their first visit to see the land with regard to which they have alleged fraud. Notice of motion. Mr. Man Mohan Sikka, DAG, Haryana at the asking of the Court, accepts notice on behalf of the respondent-State. Learned counsel for the petitioner undertakes to supply two copies of the petition to the learned DAG during the course of the day. Adjourned to 17.3.2011.” Counsel for the respondent, on instructions from ASI Prem Chand, states that even though in the FIR the name of the petitioner was not mentioned as being present at the time when money exchanged hand, yet in a subsequent statement under Section 161 of the Cr.P.C dated 27.1.2011, the petitioner was specifically named. I find that firstly this fact was not brought to the notice of the learned Addl. Sessions Judge, and secondly there is no explanation why the petitioner was not named as being present at the time when money Crl.Misc No. M 5544 of 2011 : 2 : exchanged hand more so when three persons were specifically named. Without commenting upon the merits of the case, I deem it appropriate to grant anticipatory bail to the petitioner. Consequently, in the event of his arrest, the petitioner shall be released on anticipatory bail by the Investigating Officer to his satisfaction subject to the conditions contained in Section 438(2) of the Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) March 17, 2011. JUDGE `kk'