- (1.) This is a petition preferred under Section 438 Cr.P.C. for grant of pre-arrest in case FIR No.450 dated June 24, 2014 under Sections 406, 506 IPC, registered with Police Station, Model Town, Panipat.
(2.) The case as set up in the FIR is that the complainant purchased Tata Safari bearing Registration No.HR22-G-0076 from Surender on October 15, 2013 for sale consideration of Rs. 7,80,000/-. At that time an affidavit showing sale of the above said vehicle was also handed over to him by Surender with the assurance that he will get the same transferred in his name within ten days and would also hand over the original documents. However, after some days Goldy took the vehicle from him as he was to attend a marriage in his relation but did not return it. Rather, he started extending threats to eliminate him with the licensed gun possessed by Surender. Apprehending danger to his life he approached the police and got the instant FIR registered.
(3.) Here, it would be pertain to mention that petitioners earlier preferred a petition under Section 438 Cr.P.C. in Bail Application No.568 of 2014 which was allowed subject to certain conditions vide order dated July 3, 2014. The relevant portion of the said order reads as under:- "8. Accordingly, without commenting on the merits of the case, the application is allowed and it is ordered that in case of arrest of the petitioners-accused, they shall be released on bail to the satisfaction of the Arresting Officer subject to the conditions that they shall make themselves available for interrogation by a police officer as and when required; that they 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 them from disclosing such facts to the Court or to any police officer and that they shall not leave India without the previous permission of the Court, provided the possession of vehicle make TATA Safari no.HR-22G-0076 is handed over by the petitionersaccused to the Investigating Officer within two days from today. In case the petitioners-accused fail to hand over the possession of the vehicle to the Investigating Officer within the aforesaid period, the present application for anticipatory bail shall be deemed to have been dismissed. A copy of this order be sent to the investigating officer/SHO concerned for necessary compliance. Bail application stands disposed of accordingly. Papers be consigned to the record room after due compliance.";