High Court of Punjab and HaryanaCRM-M/27713/2018allowed

Dharampal v. State Of Haryana

2018-07-11Mr. Justice Arvind Singh Sangwan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-27713 of 2018 (O&M) Date of Decision: July 11, 2018 Dharampal

...Petitioner

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.A.K.Bishnoi, Advocate for the petitioner.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.95 dated 24.04.2018 under Sections 13 and 7 of Prevention of Corruption Act (Section 180 IPC added later on), registered at Police Station Bawal, District Rewari. Notice of motion.

Mr.Sukhdeep Parmar, DAG, Haryana, has put in appearance on behalf of the respondent-State and contested the petition. I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. As per the allegations in the FIR, a video was going viral on the social media where the present petitioner ESI Dharampal was found to be accepting illegal gratification by allowing overloaded vehicles from their Vineet Gulati 2018.07.12 17:01 I attest to the accuracy and authenticity of this document Chandigarh owners through barricade. Learned counsel for the petitioner argued that

CRM No.M-27713 of 2018 -2neither the transaction as alleged nor the petitioner is visible in the alleged video footage. No tainted currency has been recovered from the possession of the petitioner.

The petitioner has been in custody since 24.04.2018. The trial of the case will take long time. The petitioner is not required for any investigation or interrogation purposes as he is in judicial custody. No useful purpose will be served by keeping the petitioner in custody till disposal of the case.

Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds in the sum of `40,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate. However, nothing stated above, shall constitute my opinion on merits of the case.

July 11, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2018.07.12 17:01 I attest to the accuracy and authenticity of this document Chandigarh