Crl. Misc. No.M-24463 of 2011 (O&M) Kuldeep Singh Kang Vs. State of U.T., Chandigarh and another Present : Mr. Gurmeet Singh, Advocate for the petitioner. Mr. Sarfaraj Hussain, Standing counsel for U.T., Chandigarh. Mr. Mandan Sandhu, Advocate for the respondent No.2. ******* AJAY TEWARI, J. (ORAL) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in Complaint Case No.RBP- 411/11.10.2002 registered under Sections 420, 406 IPC pending in the Court of Sh. Gurpartap Singh, Judicial Magistrate, Ist Class, Chandigarh. On 19.08.2011 the following contention was noticed:- “Learned counsel has further argued that though the petitioner stoutly denies the execution of the alleged agreement, yet to show his bona fides he is ready to make a fixed deposit of `80,000/- in the name of the Illaqa Magistrate with the stipulation that the Illaqa Magistrate shall hand over the same as per the decision of the trial.” Learned counsel for the complainant has stated that this would be a very fair stipulation. It is also not disputed that the fixed deposit as envisaged by order dated 19.08.2011 has been made in favour of the Illaqa Magistrate. In the circumstances, I deem it appropriate to allow this petition. Ordered accordingly. Crl. Misc. No.M-24463 of 2011 (O&M) -2- Illaqa Magistrate is directed to confirm the bail of the petitioner to his satisfaction. On the last date, I sought an explanation from DRR Section as to how this petition was fixed in the absence of the complainant as a party when the petitioner was seeking anticipatory bail. A very facile explanation has been given that it could not be pointed out due to rush of work. I find it to be completely unsatisfactory. Let the person (dealing hand concerned) appear before this Court on 30.09.2011. ( AJAY TEWARI ) September 21, 2011 JUDGE ashish