High Court of Punjab and HaryanaCRM-M/19278/2021allowed

Harjinder Singh Sandhu v. State Of Punjab

2021-05-28Ms. Justice Jaishree Thakur2 pages

CRM-M No.19278 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.19278 of 2021 (O&M) Date of Decision:28.05.2021 (Heard through VC) Harjinder Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Amit Jhanji, Advocate for the petitioner.

Mr. H.S. Grewal, Addl. A.G., Punjab.

**** JAISHREE THAKUR, J.

(ORAL) This is a petition that has been filed for grant of regular bail to the petitioner in FIR No.09 dated 21.08.2020 registered under Sections 420, 465, 467, 468, 471 and 120-B IPC and Sections 7, 7(A) and 8 of P.C. Act, 1988 at Police Station Vigilance Bureau, F.S.-1, Punjab, District SAS Nagar, Mohali.

Learned counsel for the petitioner inter alia would contend that the petitioner has been falsely implicated in the said matter. He relies upon the order dated 18.05.2021 passed in CRM-M No.18554 of 2021 and order dated 31.03.2021 and CRM-M No.33327 of 2020 and other connected matters by this Court whereby similarly situated persons have been allowed regular bail. It is further argued that as on date, the State has not obtained sanction to prosecute the petitioner under the Prevention of Corruption Act. The investigation has been completed and the challan stands presented, therefore, custodial interrogation of the petitioner would no longer be PANKAJ KUMAR 2021.05.31 11:43 I attest to the accuracy and integrity of this document

CRM-M No.19278 of 2021 (O&M) -2required.

Learned counsel for the respondent-State opposes grant of regular bail to the petitioner by contending that no ground is made out for grant of concession of bail to the petitioner, however, he does not dispute the fact that the investigation has been completed and the challan stands presented and the fact that sanction to prosecute the petitioner under the Prevention of Corruption Act has not been obtained. I have heard learned counsel for the parties. Keeping in view the fact that similarly situated persons have been granted bail by this High Court vide order dated 18.05.2021 passed in CRM-M No.18554 of 2021 and order dated 31.03.2021 and CRM-M No.

33327 of 2020 and other connected matters and the fact that owing to COVID-10 pandemic situation, the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case. (JAISHREE THAKUR) May 28, 2021 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2021.05.