Punjab and Haryana High Court: Ajay Tewari J. passed an order of the bail as the applicant was already granted with bail by the trial court.
An application under Section 439 of Code of Criminal Procedure was made for the grant of the anticipatory bail for the offence registered under Sections 420, 465, 471, 467, 120-B the Penal Code, 1860.
The facts of the case were that the complainant had come into the contact of Sujoy Biswas who assured her a job in Go Air Company and on that pretext, the petitioner took a lot of money from her and misappropriated it and they handed over fake appointment letters. However, when the complainant approached Go Air, she came to know that the document was fake.
S.R. Hooda, counsel for the petitioner argued that no role was attributed to him in the present case and that the applicant was already in custody for five months.
Amarjit Kaur Khurana, counsel for the State argued that the petitioner was an integral part of the whole scam scene and prayed for the dismissal of the application. It was further submitted that Sujoy Biswas has been granted conditional bail and the condition was that he will create a fixed deposit of Rs 1 lakhs and will keep it with the Trial Court.
High Court opined that as the trial court has passed an order of the bail, it was appropriate to grant the petitioner subject to some condition and thus passed an order of the interim bail to the satisfaction of the trial court.[Manoj Kumar v. State of Punjab, 2019 SCC OnLine P&H 1006, decided on 31-05-2019]
