High Court of Punjab and HaryanaCRM-M/52869/2018allowed

Sewa Singh v. State Of Haryana

2018-12-19Mr. Justice Arvind Singh Sangwan2 pages

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-52869 of 2018 .....

Date of decision:19.12.2018 Sewa Singh .....Petitioner v.

State of Haryana .....Respondent ....

Present:

Mr. Pratham Sethi, Advocate for the petitioner. Mr. Tanuj Sharma, Assistant Advocate General, Haryana for the respondent-State.

.....

Inderjit Singh, J.

This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.710 dated 24.7.2018 registered for the offences under Sections 7 and 13 of the Prevention of Corruption Act, 1988 at Police Station Sirsa City, District Sirsa. Notice of motion has been issued in this case. Mr. Tanuj Sharma, learned Assistant Advocate General, Haryana has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner and learned State counsel appearing for the respondent-State and have gone through the record.

As per the allegations, a complaint was filed for initiating stern legal action against Devidutt, Establishment Assistant and Sewa Singh, HARPAL SINGH PARMAR 2018.12.21 10:29 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-52869 of 2018 [2] Superintendent office of Deputy Commissioner, Sirsa. As per the allegations, `1,000/- were received by Sewa Singh for transfer of the complainant-Ainsi Lal, who was posted as Clerk, which were returned back to him later on.

The present petitioner has already joined the investigation. As stated he is not required for any custodial interrogation. Nothing is to be recovered from. No useful purpose will be served by sending the petitioner to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The interim order dated 30.11.2018 passed by this Court granting interim bail to the petitioner is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C. December 19, 2018.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No HARPAL SINGH PARMAR 2018.12.21 10:29 I attest to the accuracy and authenticity of this document Chandigarh