PURAN CHAND SHARMA Vs. STATE OF HARYANA
LAWS(P&H)-2021-2-66
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 17,2021

PURAN CHAND SHARMA Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

- (1.) Heard.
(2.) The petitioner being an accused in case FIR No.428 dated 16.09.2012, registered under Sections 148/149/323/427/447/452/506/380 IPC, 1860 at Police Station City Yamuna Nagar, applied for pre-arrest bail through CRM-M-5049-2014 and vide order dated 25.02.2014 (Annexure P-2), this Court extended the interim concession. The said order reads as under: "Learned counsel for the petitioner contends that as per the allegations in the FIR, one person is stated to be armed with sword and given injury on the shoulders of the complainant but there is no injury on the person of the complainant with sword. He also argued that this is a false case. Civil litigation is pending between the parties and the petitioner is even ready to deposit Rs. 1,10,000/- which the learned Additional Advocate General, Haryana states to have been found stolen but had not mentioned in the FIR. Petitioner is directed to deposit the above said amount within seven days before the Trial Court and will not claim the said amount till the final disposal of the case. Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation on 04.03.2014 at 10.00 a.m. and shall abide by the conditions as provided under Section 438 (2) Cr.P.C Adjourned to 07.04.2014."
(3.) In compliance of above order, the accused (petitioner) deposited the requisite amount on 03.03.2014 and thereafter, the interim concession granted vide order dated 25.02.2014 was made absolute on 07.04.2014 (Annexure P-3). It was ordered that the amount deposited will be finally adjusted against the claim of the complainant against the petitioner, if any, in civil litigation.;


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