Kulwant Rai v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 212/2 CRM-M-17954-2025 Date of decision: May 8th, 2025 Kulwant Rai .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Ferry Sofat and Mr. Ashir Gulati , Advocates for the petitioner.

Mr. Amit Rana, Senior Deputy Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail in FIR No.17 dated 10.03.2025 under Sections 7-A of The Prevention of Corruption Act and Sections 420, 465, 467, 468, 471, 120-B of the Indian Penal Code, 1860, registered at Police Station Vigilance Bureau, Patiala.

2.

While issuing notice of motion on 02.04.2025, following submissions of learned counsel for the petitioner were recorded:- "Learned counsel for the petitioner, inter alia, contends that the petitioner has been falsely implicated in the present FIR (Annexure P-1) after an inordinate delay of seven years following his retirement on 31.08.2018. The allegations pertain to his alleged approval of forged documents related to scrap tractors during his tenure as a Junior Assistant in the office of the District Transport Officer, Sangrur.

It is submitted that no specific role in the forgery, let alone the preparation of forged documents, has been PUNEET SACHDEVA 2025.05.08 14:49 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-17954-2025 -2attributed to the petitioner. Furthermore, no recovery is required to be effected at his instance. Learned counsel further argues that the falsity of the allegations against the petitioner is evident from the fact that, as a mere Junior Assistant, he had no final authority in the approval process. Every file handled by him was subject to clearance by the Regional Transport Authority before the issuance of the Registration Certificate."

3.

Thereafter, vide order dated 01.05.2025, the petitioner had been granted interim anticipatory bail with direction to join investigation.

4.

Learned counsel for the petitioner submits that in compliance of order dated 01.05.2025, the petitioner has joined investigation and cooperated with the investigating agency. 5.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

6.

In view of the above, the petition is allowed and interim order dated 01.05.2025 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS.

May 8th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2025.05.08 14:49 I attest to the accuracy and integrity of this document Chandigarh