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2009 DIGILAW 899 (PNJ)

Isham Singh v. State of Haryana

2009-05-08

KANWALJIT SINGH AHLUWALIA

body2009
JUDGMENT Kanwaljit Singh Ahluwalia, J. (Oral):-The present petition has been preferred under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioners in case FIR No. 221 dated 8.4.2009 registered at Police Station Assandh, District Karnal, under Sections 379 & 188 IPC. 2. Mr. H.N. Mehtani, Advocate, has caused appearance for respondent No.2. 3. On 27.4.2009, this Court had passed the following order:- “On the oral prayer made by counsel for the petitioners, Manager, State Bank of Patiala, Asandh Branch, Karnal, is impleaded as respondent No.2. In the present case, in execution of Civil Court decree, land of the petitioners was attached. It is alleged that petitioners had harvested the wheat crop even though it was attached and Tehsildar was appointed as a Receiver. Counsel further submits that petitioners are ready to pay the decretal amount along with interest. It is stated that decree was granted for Rs.1,99,863.50 ps. Issue notice of motion to Advocate General, Haryana, and newly added respondent, for 8.5.2009. Meanwhile, in the event of arrest, petitioner(s) shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioner(s) shall join investigation as and when called for. Petitioner(s) shall also abide by the conditions specified under Section 438(2) Cr.P.C. The decretal amount along with interest at the rate of 9% be deposited in the Executing Court within ten days. In case the amount is not deposited and receipt is not furnished to this Court, the present petition will be dismissed without further reference to the Bench.” 4. Counsel for the petitioners submitted that loan of Rs.94,000/- was obtained by petitioner No.1 and now in compliance with order dated 27.4.2009 passed by this Court, the entire decretal amount along with 9% interest has been deposited in the Court and the petitioners have paid Rs.3,59,721/- and earlier thereto petitioners had paid Rs.1,09,872/-. He further submitted that petitioners, in total, have paid amount of about Rs.5,00,000/-. 5. Since order dated 27.4.2009 has been complied with, prearrest bail granted to the petitioner vide order dated 27.4.2009 is affirmed till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C. petitioners shall furnish regular bail-bonds to the satisfaction of the Court concerned. With the observations made above, the present petition is disposed off. -------------------