The Punjab and Haryana High Court recently comprising of a bench of Justice Karamjit Singh while dealing with a matter relating to criminal breach of trust under Section 406 of IPC granted Interim Anticipatory Bail to the Accused on the condition that the accused should abide by the conditions as envisaged under Section 438(2) of Cr.P.C. (NEELAM VS STATE OF HARYANA)
The bench remarked, "The petitioner should join the investigation with the police well in time before the next date of hearing and is to abide by the conditions as envisaged under Section 438(2) of Cr.P.C."
Facts of the case
The present plea was filed praying for grant of anticipatory bail to the petitioner in criminal case having registered under Sections 406 IPC at Police Station City Fatehabad, District Fatehabad, Haryana. The FIR registered on the directions of the Anil Vij, Home Minister of Haryana
Contention of the Parties
Adv. Rishab Bhandari appearing for the Petitioner contends before the Court that the petitioner is a widow and has been falsely implicated in this case at the instance of the complainant who without any basis has alleged that the petitioner lured his wife to handover 7 tolas of gold jewellery to her (petitioner) and thereafter, misappropriated the same.
Adv. Rishab Bhandari further submits that there is nothing on record any material evidence or documentary evidence to establish that the wife of the complainant ever handed over any such jewellery. He further submits that the petitioner is having no criminal history and is ready to join the investigation.
Ms. Harpreet Kaur, AAG, Haryana accepted notice on behalf of the State and on instructions from ASI Vijay Singh submitted that the petitioner misappropriated the gold jewellery of the wife of the complainant and that the petitioner is required by the police for proper investigation of this case. However, she prayed for time to seek necessary instructions as to whether the jewellery in question was handed over to the petitioner by the wife of the complainant against some document.
Courts Observation and order
The bench listing the matter to be next heard on 17.2.2023 observed, "In the meantime, in case of arrest, the petitioner is directed to be released on interim bail by the IO/Arresting Officer to his own satisfaction till the next date of hearing. The petitioner should join the investigation with the police well in time before the next date of hearing and is to abide by the conditions as envisaged under Section 438(2) of Cr.P.C."
Read Interim Order
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(With input from news agency language)
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