JUDGEMENT
KANWALJIT SINGH AHLUWALIA, J. -
(1.) ON 23.6.2011, a Coordinate Bench had passed
the following order: -
"This petition is under Section 438 Cr.P.C. for granting anticipatory bail in case FIR No.53 dated 24.5.2011 under Section 420 IPC, registered at Police Station P.A.U. Ludhiana, District Ludhiana. Counsel for the petitioner has referred to the compromise effected between the parties (Annexure P-3) dated 20.6.2011 whereby the petitioner has agreed to settle the dispute by making the payment of Rs.2b,00,0001- in instalments. As per the compromise certain jewellery items have been kept by the complainant as security and first payment is to be made in first week of August, 2011. Proceedings under Section 138 of Negotiable Instruments Act are also pending before the Court of the Judicial Magistrate 1st Class, Ludhiana for 01.7.2011. Notice of motion for 15.7.2011. Keeping in view the facts and circumstances of the case and in the event of the arrest of petitioner, he shall be released on bail on his furnishing adequate bail/surety bonds in the sum of Rs.20,000/- to the satisfaction of the Arresting Officer, subject to the following conditions:- (i) that the person shall make himself available for interrogation by Police Officer as and when required; (ii) that the person 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) That the person shall not leave India without the previous permission of the Court.
(2.) THEREAFTER , this Court on 14.2.2012, had passed the following order:-
"Learned counsel for the respondent contends that supplementary state ment of Ravi Shankar Monga son of Raj Krishan Monga was recorded on 31.7.2011 wherein he stated that he had received five cheques of Rs. 5,00,000 each. The cheques were dated 5.8.2011, 22.9.2011, 5.11.2011, 22.12.2011 and 5.2.2012, respectively. Learned counsel for the respondent, on instructions from Jasbir Singh, Assistant Sub Inspector, Police Station P.A.U., Ludhiana, submits that the Investigating Officer is still not aware about the encashment of the cheques. On the request made by learned counsel for the respondent, adjourned to 27.2.2012. Till then, interim order dated 23.6.2011 shall continue."
Mr.Ram Pal Verma, counsel for the complainant, who is present in Court along with Ravi Shankar Monga complainant, states that complainant has received the entire amount as per
compromise. Counsel for the State, on instructions from ASI Jasbir Singh, Police Station P.A.U.
Ludhiana states that petitioner has joined the investigation and is not further required by the
investigating agency in view of the compromise arrived at between the parties. He further submits
that in due course of time the investigating agency shall be submitting the cancellation report in
view of the compromise.
(3.) IN view of the statements made by counsel for the complainant and the State, the present petition is accepted. Order dated 23.6.2011 granting interim bail to the petitioner is made absolute.
In the event of arrest, the petitioner shall be released on bail to the satisfaction of
Arresting/Investigating Officer till filing of report under Section 173 Cr.P.C. Thereafter, the
petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court. He
shall continue to appear before the Arresting/Investigating Officer as and when called for. He
shall abide by the conditions as specified under Section 438(2) Cr.P.C.;
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