Gurbinder Singh v. State Of Punjab

CRM No.M-34911 of 2014 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No.M- 34911 of 2014(O&M) Date of Decision: January 6, 2015.

Gurbinder Singh ...... PETITIONER (s)

Versus

State of Punjab ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Damanjit Sandhu, Advocate for Mr. D.S.Pheruman, Advocate for the petitioner.

Mr. K.S.Sidhu, DAG, Punjab.

***** LISA GILL, J.

Petitioner prays for anticipatory bail in FIR No.11 dated 10.09.2014, under Sections 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988, registered at police station Vigilance Bureau, Jalandhar through Vigilance Bureau, Hoshiarpur. It is contended that petitioner, who was a Pharmacist in the Department of Animal Husbandry has been falsely implicated in this case. He has sufficient landed property in his name as well as income from the land, which was taken on lease. Both his sons are well-settled. One of them being a Doctor settled in Malaysia and the other holding a reputed post at Jalandhar. OMKAR SINGH 2015.01.07 11:34 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-34911 of 2014 [2] Parents of the petitioner are stated to be pensioners having their own independent source of income.

Complaint regarding the petitioner's assets being disproportionate to his income was lodged in the year 2010. Petitioner had submitted all the relevant documents to show that he had income of `81,31,315/- for the period commencing from 01.08.2003 to 31.07.2009. He sought voluntary retirement on 10.10.2013 and the present FIR has been registered subsequently on 10.09.2014 in a malafide manner. He is a permanent resident of village Sarishatpur, District Hoshiarpur and belongs to a respectable family and is not likely to abscond. He is stated to have joined investigation pursuant to order of this Court. No useful purpose would be served by taking him in custody.

Learned counsel for the State, on instructions from ASI Rajinder Singh, Vigilance Bureau, Hoshiarpur, submits that the petitioner has indeed joined investigation and he is no longer required for custodial interrogation. There is no other case pending against the petitioner. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. In view of the above but without commenting or expressing any opinion on the merits of the case, order dated 10.10.2014 is made absolute. Petition is allowed.

( LISA GILL ) January 6, 2015.

JUDGE 'om'

OMKAR SINGH 2015.01.07 11:34 I attest to the accuracy and authenticity of this document Chandigarh