PURAN CHAND SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Puran Chand Sharma has filed this petition under Sec. 482 Cr.P.C to challenge the order dtd. 13/1/2021 (Annexure P-8), whereby Chief Judicial Magistrate, Yamuna Nagar in violation of the order dtd. 6/11/2020 (Annexure P-7) passed by this Court, refused to refund the amount of Rs.1,10,000.00, deposited by him in compliance of the anticipatory bail order dtd. 25/2/2014 (Annexure P-2) relating to case FIR No.428 dtd. 16/9/2012 (Annexure P-1) under Ss. 148, 149, 323, 427, 447, 452, 506 and 380 Indian Penal Code, registered at Police Station, City, Yamuna Nagar.

(2.) Learned counsel for the petitioner has argued that upon implication of petitioner in case FIR No.428 dtd. 16/9/2012 (Annexure P-l), he apprehended arrest and approached this Court through CRM-M-5049-2014 under Sec. 438 Cr.P.C to seek pre arrest bail, wherein this Court on 25/2/2014 extended him interim concession and the said order reads as under:-

(3.) According to Mr. Dinarpur, learned counsel the petitioner deposited the requisite amount on 3/3/2014 and complied with the order dtd. 25/2/2014, therefore, the interim bail order was finally confirmed by this Court on 7/4/2014 (Annexure P-3). Learned counsel has drawn the attention of the Court to the order dtd.25/2/2020 (Annexure P-6) and submitted that the trial in the subject FIR ended in acquittal of all the accused including the petitioner, therefore, he moved an application bearing No.CRM-26961-2020 in CRM-M-5049-2014 for issuance of directions to Chief Judicial Magistrate, Yamuna Nagar for release of the amount of Rs.1,10,000.00, and the same was accepted vide order dtd. 6/11/2020 (Annexure P-7), as the state counsel did not oppose the claim of the petitioner.