Ranbir v. State Of Haryana

TAPINDER SINGH MANN 2016.04.22 17:08 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr. Misc. M 6683 of 2016 Date of decision: 22.4.2016 Ranbir Petitioner vs.

State of Haryana Respondent

Present:

Mr. MR Verma, Advocate.

Mr. CS Bakshi, Addl.A.G. Hry M.M.S.BEDI,J.

This is a petition filed by an ex-Sarpanch of village Kadma, Tehsil Charkhi Dadri in a case registered at the instance of complainant Sandeep Kumar alleging that the petitioner had misappropriated the funds for the construction of boundary wall of the school in the said village in the year 2011. The petitioner along with 19/20 other persons has been involved in the case. Since the investigation is based upon documentary evidence, custodial interrogation of the petitioner is not required. On the instructions of SI Neki Ram, it has been informed that the petitioner is involved in few more criminal cases registered against him during the period from 2000 to 2012, he should not be granted the concession of pre-arrest bail.

I have considered the facts and circumstances of the case. Concentrating on the merits of the present case, irrespective of other cases registered against the petitioner, it does not appear to be a case of custodial interrogation. In case, any loss has been caused to funds of the Gram Panchayat, these are always recoverable under the Statute made for the said purpose.

The petition is allowed and it is ordered that in case of arrest of the petitioner, he will be released on bail to the satisfaction of the arresting officer subject to the condition that he will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation.

April 22 ,2016 ( M.M.S.BEDI ) TSM JUDGE