← Library
High Court of Punjab and HaryanaCRM-M/30232/2024allowed

Mohan Lal Chugh v. State Of Punjab

2024-09-25Mr. Justice Gurvinder Singh Gill4 pages

In The High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-30232-2024 (O&M) Date of Decision:- 25.09.2024 Mohan Lal Chugh ... Petitioner

Versus

State of Punjab ... Respondent (II) CRM-M-34580-2024 (O&M) Yashpal alias Prince ... Petitioner

Versus

State of Punjab ... Respondent (III) CRM-M-37559-2024 (O&M) Lal Bahadur ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Vivek Baghla, Advocate, for the petitioner in CRM-M-30232-2024 and CRM-M-37559-2024.

Mr. Amritpal Singh Gill, Advocate, for the petitioner in CRM-M-34580-2024.

Mr. Japjot Singh, AAG, Punjab.

Ms. Bindu Goel and Mr. Pritish Goel, Advocates, for the complainant.

*****

CRM-M Nos.30232, 34580 & 37559 of 2024 (O&M) - 2 - FIR NO.

DATE POLICE STATION OFFENCES 03.06.2024 Civil Lines Patiala, District Patiala 380, 506, 34, 120-B IPC GURVINDER SINGH GILL , J . (Oral) 1.

This order shall dispose of the above mentioned three petitions wherein petitioners Mohan Lal Chugh, Yashpal alias Prince and Lal Bahadur, seek grant of anticipatory bail in respect of aforementioned FIR.

2.

At the time of issuance of interim bail in CRM-M-30232-2024 the following order was passed on 20.06.2024:

"The petitioner seeks grant of anticipatory bail in respect of a case registered against him vide FIR No.88, dated 03.06.2024, Police Station Civil Lines Patiala, District Patiala, under Sections 380, 506, 34, 120-B IPC.

The petitioner is the former Chairman of Children Memorial Public School, Raghbir Marg, Model Town, Patiala. It is alleged that Yashpal alias Prince had been appointed as Administrator; one Sunil Kumar was appointed as Clerk and one Lal Bahadur was appointed as Watchman in the school. It is further alleged that the said persons however, committed various irregularities at the instance of Mohan Lal Chugh (petitioner) and consequently Yashpal and Sunil Kumar were removed from service. It is further alleged that later at the instance of the petitioner, aforesaid Yashpal alias Prince and Sunil Kumar kept on interfering in the affairs of the school and when the school was closed during summer vacation, the aforesaid two persons namely Yashpal alias Prince and Sunil Kumar broke open the lock of the locker room of the school and stole record of the school including FDRs, proceeding register, cheque, etc. so as to destroy the

CRM-M Nos.30232, 34580 & 37559 of 2024 (O&M) - 3 - evidence of embezzlement against them and to make alteration in the resolutions passed against them.

Learned counsel submits that the petitioner is aged about 80 years and is suffering from various ailments and that in any case even if all the allegations are taken to be correct, it is coaccused namely Yashpal alias Prince and Sunil Kumar who are alleged to have stolen the articles from the school during summer vacation and that there is no such allegation that the petitioner was also accompanying them though allegations are there that the said theft had been committed at the instance of the petitioner. Notice of motion for 25.09.2024.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.

At this stage, Mr. Manjinder Kumar, Advocate has put in appearance on behalf of the complainant and has filed memo of appearance. The same is taken on record. Power of attorney be filed on or before the next date of hearing." 3.

Even in CRM-M-34580-2024 and CRM-M-37559-2024 the petitioners have been granted interim bail vide orders dated 22.07.2024 and 05.08.2024 respectively.

4.

Short reply by way of affidavit of Mr. Vaibhav Chaudhary, Assistant Superintendent of Police, Sub Division City-1, District Patiala has been filed respectively in all the petitions. The same is taken on record.

CRM-M Nos.30232, 34580 & 37559 of 2024 (O&M) - 4 - 5.

Learned State counsel has submitted that all the petitioners have joined investigation and that none of them is required for any custodial interrogation.

6.

In view of the aforestated position wherein the petitioners have joined investigation and they are not stated to be required for any custodial interrogation, the petitions are accepted and the interim directions issued by this Court vide order dated 20.06.2024 in CRMM-30232-2024, 22.07.2024 in CRM-M-34580-2024 and 05.08.2024 in CRM-M-37559-2024 are hereby made absolute subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

7.

A photocopy of this order be placed on the file of each connected cases.

25.09.2024 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No