SATISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) He is booked in a case bearing FIR No. 208 dated 14.6.2005, registered at Police Station Pehowa under sections 420, 120-B, 409 IPC. At the very outset, it may be mentioned here that the instant petition was ordered to be heard along with Crl. Misc. No. 60063-M of 2005 filed by his brother Pawan Kumar which has already been disposed The instant petition was segregated from the said petition.

(2.) The first impugned order dated 28.7.2005 reflects that the present petitioner had failed to join the investigation despite the directions of the court. This appears to be the reason that the relief of anticipatory bail was declined to him. However, his co-accused Pawan Kumar, who is his real brother was granted the conditional anticipatory bail with a direction to deposit Rs 15 lacs by 31.10.2005. The petitioner, thereafter moved his second application for the same relief observing that during the pendency of the first application, he could not comply with the directions of the court as he had fallen ill. The other ground taken was that he has been falsely implicated in this case. The said application was also dismissed vide impugned order dated 7.9.2005 observing that there was no reasonable substance in the explanation given by the petitioner.

(3.) I have heard learned counsel for both the sides. Records also perused. Mr. Bajwa while drawing my attention to the order dated 26.9.2005 states that may be that the plea of the petitioner tendering his explanation for non-joining the investigation was not acceptable to the learned Additional Sessions Judge but the fact remains that after issuance of notice of motion in the instant petition, the petitioner in compliance with the interim directions has already joined the investigation on a fixed date. Strengthening his arguments, the learned counsel further states that out of Rs 15 lacs, Rs 5 lacs were already deposited by Pawan Kumar his co-accused by 31.10.2005 and with regard to the remaining amount of Rs 10 lacs, the Ware Housing Corporation has agreed to accept the money in three equal monthly instalments, starting from April, 2006 and ending June, 2006. On this ground alone, Pawan Kumar has already been released on anticipatory bail in aforesaid Crl. Misc. No.60063-M of 2005. The learned counsel then states that although the petitioner is a partner in the books but he had never been looking after the affairs or running the rice mill.