High Court of Punjab and HaryanaCRM-M/34045/2018allowed

Sushil Kumar And ANR v. State Of Haryana

2018-08-14Mr. Justice Arvind Singh Sangwan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-34045 of 2018 (O&M) Date of Decision: August 14, 2018 Sushil Kumar and another

...Petitioners

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Nonish Kumar, Advocate for the petitioners.

Mr.Sukhdeep Parmar, DAG, Haryana for the respondent-State.

**** INDERJIT SINGH, J.

Petitioners have filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.125 dated 11.04.2018 under Sections 384, 389, 506 IPC (deleted), Sections 7 and 13 of the Prevention of Corruption Act (added later on), registered at Police Station Madhuban, District Karnal.

Notice of motion was issued. Learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioners as well as learned State counsel and have gone through the record. As per the FIR, an oral complaint was received by the RTA Inspector-complainant that a naka has been laid near Manglora by RTA VINEET GULATI 2018.08.16 14:58 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-34045 of 2018 -2staff and the staff persons posted there, are taking `500/- for passing of the overloaded vehicles and are giving threat to impound the vehicle and to put the owner in jail, if the money is not given. Then, as per the information, raid was conducted. One co-accused was apprehended while taking `500/- as bribe.

The present petitioners are not named in the FIR nor money was taken by them. Only general complaint has been made against the RTA staff.

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, I find merit in the present petition and the same is allowed. It is ordered that in the event of arrest, the petitioners be released on bail subject to their furnishing personal bonds and surety each to the satisfaction of Arresting/Investigating Officer. However, they shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C. August 14, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2018.08.16 14:58 I attest to the accuracy and authenticity of this document Chandigarh