LAWS(P&H)-2020-3-271

HARBIR SINGH NARWAL Vs. STATE OF HARYANA

Decided On March 04, 2020
Harbir Singh Narwal Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Petitioner-Harbir Singh Narwal has filed the present petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.396 dated 10.08.2019, under Sections 406, 420 and 506 IPC, registered at Police Station Shahabad, District Kurukshetra.

(2.) Learned counsel for the petitioner has submitted that as per the allegations contained in the FIR the petitioner had taken a sum of Rs.25,00,000/- (Rs. 18,00,000/- + Rs.7,00,000/-) on the pretext of sending the son of the complainant abroad. He has further submitted that the allegations are ex-facie vague as neither any date is mentioned nor it is mentioned that at what point of time the amount was advanced to the petitioner. He has further submitted that in fact the controversy was with regard to some agreement to sell, which was executed between the petitioner and one Amarjit Kaur, who is stated to be religious sister of the complainant and it was civil dispute with regard to that agreement to sell. He further submitted that the present FIR was registered against the petitioner on the ground that he had taken the money to send the son of the complainant abroad only to pressurise him. He has further submitted that the petitioner is not engaged in such type of profession of sending someone abroad and he never did this to anybody. He has further submitted that the petitioner is a small jeweler of the same city in which the complainant is residing and both the petitioner as well as the complainant are known to each other for a long time. He has further submitted that there is no other case pending against the petitioner of such like allegations as in the present case.

(3.) He has further submitted that on 11.9.2019 this Court had issued notice of motion and arrest of the petitioner was also stayed vide that order. He has further submitted that the petitioner has already joined the investigation and fully cooperated with the investigation process and therefore prays for grant of anticipatory bail to the petitioner.