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High Court of Punjab and HaryanaCRM-M/9291/2023allowed

Avishake Bansal v. State Of Punjab

2023-05-18Mr. Justice Gurvinder Singh Gill4 pages

In the High Court for the States of Punjab and Haryana At Chandigarh I) CRM-M-9291-2023 (O&M) Avishake Bansal ... Petitioner

Versus

State of Punjab ... Respondent II) CRM-M-9292-2023 (O&M) Jaspreet Singh Gill ... Petitioner

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State of Punjab ... Respondent III) CRM-M-9603-2023 (O&M) Nimarta ... Petitioner

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State of Punjab ... Respondent IV) CRM-M-10855-2023 (O&M) Yashpreet Dhiman ... Petitioner

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State of Punjab ... Respondent V) CRM-M-11229-2023 (O&M) Gurpreet Kaur ... Petitioner

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State of Punjab ... Respondent

( 2 ) VI) CRM-M-12147-2023 (O&M) Rajwinder Singh ... Petitioner

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State of Punjab ... Respondent \ Date of Decision:-18.5.2023

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Amarpreet Singh, Advocate, for the petitioner(s) in CRM-M-9291-2023;

in CRM-M-9292-2023 and in CRM-M-10855-2023.

Mr. Keerat Dhillon, Advocate for Mr. Preetinder Singh Ahluwalia, Advocate, for the petitioner in CRM-M-9603-2023.

Mr. Aminder Singh, Advocate, for the petitioner in CRM-M-11229-2023.

Mr. Anupam Singla, Advocate, for the petitioner in CRM-M-12147-2023.

Mr. Luvinder Sofat, DAG, Punjab, assisted by Inspector Jaswinder Singh.

Mr. G.S. Salana, Advocate for the complainant. ***** FIR No.

Dated Police Station Section/s 22.8.2022 Vigilance Bureau, Patiala 409, 420, 120-B of Indian Penal Code and Sections 13(1)(a) and 13(2) of Prevention of Corruption Act, 1988 amended Act 2018 GURVINDER SINGH GILL, J. (Oral) 1.

This order shall dispose of the above mentioned six petitions filed on behalf of petitioners Avishake Bansal, Jaspreet Singh Gill, Nimarta, Yashpreet

( 3 ) Dhiman, Gurpreet Kaur and Rajwinder Singh, who are employed as Inspectors in Food and Civil Supplies Department, Punjab, seeking grant of anticipatory bail in respect of the abovementioned FIR. 2.

The allegations, in nutshell, are that the petitioners, who are employed as Inspectors in Food and Civil Supplies Department, Punjab, in connivance with some other officials and depot holders had siphoned off wheat and had not been maintaining proper record and had thus caused huge loss to the department somewhere to the tune of Rs.4 crores approximately. 3.

Replies by way of affidavit of Shri Satpal Sharma, PPS, Deputy Superintendent of Police, Vigilance Bureau, Unit Patiala have been filed by learned State counsel in all the six petitions, which are taken on record. 4.

Learned State counsel, upon instructions from Inspector Jaswinder Singh, has informed that all the petitioner(s) pursuant to interim directions have joined investigation and are not required for any custodial interrogation. It has also been informed that the petitioners are not involved in any other case. 5.

It is not in dispute that several other identically situated co-accused namely Jaswinder Kumar, Sawinder Singh, Jaspal Singh and Parmod Kumar Garg have been ordered to be released on anticipatory bail vide common order dated 6.2.2023 passed by this Court in CRM-M-54759-2022. The case of the petitioners is not specifically distinguishable. The petitioners otherwise are stated to have joined investigation and are not stated to be required for any custodial interrogation and are not even stated to be involved in any other case.

6.

Having regard to the aforesaid facts and circumstances particularly the fact that the petitioner(s) pursuant to interim directions have joined investigation

( 4 ) and are not required for any custodial interrogation and that identically situated co-accused have already been granted anticipatory bail by this Court vide common order dated 6.2.2023 passed in CRM-M-54759-2022, all the six petitions are accepted and the interim directions issued by this Court vide orders dated 22.2.2023 in CRM-M-9291-2023, dated 22.2.2023 in CRM-M9292-2023, dated 23.2.2023 in CRM-M-9603-2023, dated 2.3.2023 in CRMM-10855-2023, dated 3.3.2023 in CRM-M-11229-2023 and order dated 13.3.2023 in CRM-M-12147-2023 are hereby made absolute, subject to the condition that the petitioner(s) shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C. 7.

A photocopy of this order be placed on the file of connected case. 18.5.2023 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No