High Court of Punjab and HaryanaCRM-M/3677/2017allowed

Apeel Dev v. U.T. Chandigarh

2018-05-21Mr. Justice Rajesh Bhardwaj4 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

(1) Crl. Misc. No.M-3677 of 2017 (O&M) Date of Decision: May 21, 2018 Apeel Dev ......PETITIONER(s).

VERSUS

U.T. Chandigarh ....RESPONDENT(s).

(2) Crl. Misc. No.M-43127 of 2016 (O&M) Manmohan ......PETITIONER(s).

VERSUS

Union Territory, Chandigarh ....RESPONDENT(s).

(3) Crl. Misc. No.M-43194 of 2016 (O&M) Sonika ......PETITIONER(s).

VERSUS

State of U T, Chandigarh ....RESPONDENT(s).

(4) Crl. Misc. No.M-44374 of 2016 (O&M) Annu Lakra ......PETITIONER(s).

VERSUS

U. T. Chandigarh ....RESPONDENT(s).

(5) Crl. Misc. No.M-44569 of 2016 (O&M) Anu ......PETITIONER(s).

VERSUS

Union Territory, Chandigarh ....RESPONDENT(s).

-2- (6) Crl. Misc. No.M-501 of 2017 (O&M) Poonam ......PETITIONER(s).

VERSUS

Union Territory of Chandigarh ....RESPONDENT(s).

(7) Crl. Misc. No.M-7524 of 2017 (O&M) Sonia ......PETITIONER(s).

VERSUS

Union Territory, Chandigarh ....RESPONDENT(s).

(8) Crl. Misc. No.M-38201 of 2017 (O&M) Ranveer Singh ......PETITIONER(s).

VERSUS

Union Territory, Chandigarh ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Ashit Malik, Advocate for the petitioner in CRM-M-3677-2017.

Mr. Perdhuman Yadav, Advocate for petitioner(s) in CRM-M-43127-2016 and CRM-M-44374-2016.

Mr. Akashdeep Singh, Advocate for petitioner in CRM-M-43194-2016.

Mr. Lokesh Sharma, Advocate for petitioner in CRM-M-44569-2016.

Mr. Sunny Bhardwaj, Advocate for the petitioner in CRM-M-38201-2017.

-3Mr. Vivek Thakur, Advocate for petitioner in CRM-M-7524-2017.

Mr. R.S. Malik, Advocate for the petitioner in CRM-M-501-2017.

Mr. J.S. Toor, APP for UT Chandigarh with Ms. Raminder Gill, Advocate.

******* SURINDER GUPTA, J.(Oral) All the aforementioned petitions have been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No.128 dated 29.07.2016 registered for the offences punishable under Sections 409, 420 read with Section 120-B of Indian Penal Code, 8, 9, 13(1)(d) read with Section 13(2) Prevention of Corruption Act, 1988, at Police Station Sector-11, Chandigarh. Heard.

The petitioners were allowed interim bail on parity with coaccused Meenakshi. Admittedly, Meenakshi is on anticipatory bail in this case and allegations against her are similar to the allegations against the petitioners.

Petitioners have also joined the investigation and on 18.01.2018, it was represented that they were not co-operating. The Investigating Officer was asked to give a questionnaire as regards to the information sought to be elicited from the petitioners. The questionnaire has since been supplied and also answered.

Learned State counsel submits that answers given by the petitioners to the questionnaire are not correct and they have evaded to give correct reply. The matter is still under investigation and Investigating

-4Officer has to verify various aspects relating to visit of petitioners to Delhi and Lucknow, payment of bribe money, source of bribe money and names of other teachers are also to be verified.

Keeping in view the fact that petitioners have joined the investigation and provided the requisite information as per the questionnaire. Correctness of the same may be verified during investigation for which custodial interrogation of petitioners may not be required. All these petitions are allowed. Order dated 09.03.2017 passed in CRM-M3677-2017 and CRM-M-7524-2017; 02.12.2016 passed in CRM-M-431272016; 03.12.2016 passed in CRM-M-43194-2016; 13.12.2016 passed in CRM-M-44374-2016 and CRM-M-44569-2016; 12.01.2017 passed in CRM-M-501-2017; and 10.10.2017 passed in CRM-M-38201-2017 are made absolute till the presentation of challan against them, subject to the following terms:- (i) that the petitioners shall make themselves available for interrogation by the police as and when required; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that the petitioners shall not leave India without the prior permission of the Court;

(iv) that the petitioners will seek regular bail on the presentation of challan in Court.

( SURINDER GUPTA ) May 21, 2018 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No