The court considered the delay in FIR registration, the petitioners' cooperation in the investigation, and the impact of the Covid-19 pandemic in granting anticipatory bail.

JUDGMENT

Anupinder Singh Grewal, J. - Heard through video conferencing.

2. The petitioners are seeking anticipatory bail in FIR No.81 dated 01.03.2020, under Sections 406, 420, 506 IPC, registered at Police Station Civil Lines, Sirsa.

3. Learned counsel for the petitioners contends that it is alleged by the complainant that the petitioners had approached him in April, 2011 with regard to purchase of plot for a sum of Rs. 15 lacs. A sum of Rs. 10 lacs was allegedly paid in cash on 11.04.2011 and subsequently, another sum of Rs. 5 lacs is alleged to have been paid but the sale deed was not executed. Learned counsel, however, contends that the FIR has been registered after nine years of the alleged occurrence and there is no prima facie documentary evidence including agreement to sell or any other document to substantiate the case of the complainant.

4. A Coordinate Bench of this Court, by order dated 17.03.2020 had directed the petitioners to appear before the Investigating Officer and join the investigation and in the event of their arrest, they were ordered to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C. Learned State counsel, upon instructions from Head Constable Parhlad, states that although the petitioner has joined investigation but recovery has to be effected from him.

5. In view of the above especially when there is delay of nine years in registering the FIR, the petitioners have joined investigation and the Covid-19 Pandemic, the order dated 17.03.2020 granting interim bail to the petitioners is made absolute.

6. However, the petitioners shall abide by the conditions stipulated under Section 438(2) Cr.P.C. They shall also join investigation as and when called upon to do so.

7. The petition stands disposed of.