High Court of Punjab and HaryanaCRM-M/37394/2018allowed

Hawa Singh Punia v. State Of Haryana

2018-10-30Mr. Justice Arvind Singh Sangwan2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-37394 of 2018 (O&M) Date of Decision: October 30, 2018 Hawa Singh Punia

...Petitioner

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Anmol Rattan Sidhu, Sr. Advocate with Mr.Pratham Sethi, Advocate for the petitioner.

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

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.338 dated 01.08.2018 under Section 7 of the Prevention of Corruption Act, registered at Police Station Rai, District Sonipat.

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

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. From the record, I find that as per allegations in the FIR, Smt.Santosh Dahiya, Advocate filed an affidavit before media in which she VINEET GULATI 2018.11.01 16:10 I attest to the accuracy and authenticity of this document Chandigarh levelled allegations against Tehsildar Rai for demand of `60,000/- for

CRM No.M-37394 of 2018 -2executing the registry of a plot and the video went viral on social media. The vendors namely Saroj, Rajesh and Babli, who were to get executed the sale deed, have given affidavit stating that they have got executed the same and Teshildar never demanded any money.

The petitioner has already joined the investigation. He is not required for custodial interrogation. Nothing is to be recovered from him. No useful purpose will be served by sending the petitioner to custody. Keeping in view the facts and circumstances of the case and without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find it a fit case, where the petitioner is entitled to benefit of anticipatory bail. Therefore, the present petition is accepted and the order dated 29.08.2018 granting interim bail to the petitioner, is made absolute.

October 30, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2018.11.01 16:10 I attest to the accuracy and authenticity of this document Chandigarh