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2006 DIGILAW 1261 (PNJ)

Pawan Kumar v. State Of Haryana

2006-03-24

VIRENDER SINGH

body2006
Judgment 1. I have heard learned counsel for both the sides. Records also perused. 2. The impugned order dated 28.7.2005 passed by learned additional Sessions Judge reflects that the petitioner was granted anticipatory bail with a condition that in case he deposits Rs 15 lacs by 31.10.2005, his earlier release on interim pre-arrest bail shall be deemed to be regular otherwise after 31.10.2005 his anticipatory bail would be deemed to have been dismissed. 3. It is worth mentioning here that Satish Kumar, the real brother of the petitioner had also prayed for the same relief which was declined as the Investigating Officer had disclosed the court that he had failed to join the investigation despite interim directions of the Court. 4. Satish Kumar has moved his separate application for anticipatory bail vide Crl. Misc. No.52758-M of 2005 with which I am dealing separately. 5. The conceded position is that the dispute is with regard to rs 20 lacs out of which Rs 5 lacs were already deposited by the petitioner. The petitioner had tendered an affidavit before the Court that he would deposit the balance amount of Rs 15 lacs by 31.10.2005 before the expiry of stipulated period. The instant petition was filed on 27.10.2005. Vide order dated 28.10.2005, while issuing notice of motion, interim relief was granted to the petitioner subject to his deposit of Rs 5 lacs by 31.10.2005. The said amount was deposited in time. 6. The dispute now is with regard to Rs 10 lacs only. Zimni orders reflects that with the consent of the complainant side (Ware Housing Corporation), a reasonable time was given to the petitioner to deposit another sum of Rs 10 lacs. Both the sides have now come to an amicable settlement to the effect that the petitioner shall be depositing balance amount of Rs 10 lacs in three equated instalments to be covered in three months. The first instalment would be of Rs 4 lacs whereas the other two instalments shall be of 3 lacs each. Mr. Hooda, learned counsel for the complainant has agreed to this settlement as he has obtained the necessary directions in this regard from the concerned official of the Corporation. It is also agreed that each instalment shall be deposited by 10th of every calender month starting from April, 2006 onwards. To make it clear, the petitioner shall be depositing the entire amount by 10.6.2006. 7. It is also agreed that each instalment shall be deposited by 10th of every calender month starting from April, 2006 onwards. To make it clear, the petitioner shall be depositing the entire amount by 10.6.2006. 7. In view of above, the interim order dated 28.10.2005 is hereby made absolute with the aforesaid conditions. It is, however, made clear that in case the petitioner defaults even for one instalment, the present application would be deemed to have been dismissed. The petitioner shall, however, be adhering to the following conditions:- (i) He shall make himself available for interrogation before the Investigating Agency as and when required; (ii) He 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; (iii) The petitioner shall not leave India without the previous permission of the Court; (iv) He shall also abide by any other condition which may be imposed upon him under Sec.437 (3) of the Code of criminal Procedure at the appropriate stage when the investigation culminates into filing of challan under Section 173 of the Code of Criminal Procedure. Disposed of.