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2019 DIGILAW 502 (PNJ)

KHEM SINGH v. STATE OF PUNJAB

2019-02-13

MAHABIR SINGH SINDHU

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JUDGMENT : MAHABIR SINGH SINDHU, J. 1. Present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR No.73 dated 28.09.2017, under Sections 420, 370 and 120-B of the Indian Penal Code, registered at Police Station Dilwan, District Kapurthala. 2. This Court, while issuing notice of motion on 26.12.2018, passed the following order:- "Learned counsel for the petitioner undertakes that the alleged amount of Rs. 65,000 (Rs. 75,000 10,000/- already paid) would be refunded to the complainant within a period of one week from today. Notice of motion for 13.02.2019. In the meanwhile, the petitioner is directed to join the investigation before the Investigating Officer. In the event of his arrest, the Arresting Officer would admit him to interim bail till the next date of hearing on his furnishing adequate bail and surety bonds to his satisfaction. The petitioner is also directed to abide by all the conditions as envisaged under Section 438(2) Cr.P.C. It is made clear that the payment so made by the petitioner would be subject to the final decision of FIR No.73 dated 28.09.2017 under Sections 420, 370 and 120-B IPC, Police Station Dilwan, District Kapurthala. " 3. Today, learned State Counsel, on instructions from ASI Kewal Singh, has pointed out that in terms of aforesaid order, the petitioner has refunded an amount of Rs. 65,000/- to the complainant. Also submitted that petitioner has joined the investigation and his custodial interrogation is not required. 4. In view of above, interim order dated 26.12.2018 is made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C. and the present petition stands disposed off. 5. It is made clear that the petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation. 6. It is clarified that payment of Rs. 65,000/- to the complainant would be subject to final decision of FIR No.73 dated 28.09.2017 under Sections 420, 370 and 120-B, IPC, Police Station Dilwan, District Kapurthala. 7. The observations may not be considered as an expression of opinion on the merits of the case.