Sham Lal v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-31962-2024 Date of decision: April 29th, 2025 Sham Lal .....Petitioner

Versus

State of Punjab .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Bipan Ghai, Senior Advocate with Mr. Nikhil Ghai, Mr. Nikhil Thamman and Ms. Malini Singh, Advocates for the petitioner.

Mr. Amit Rana, Senior Deputy Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) The petitioner is seeking the concession of anticipatory bail in FIR No.14 dated 04.06.2024 under Sections 7, 7-A of The Prevention of Corruption Act read with Section 120-B of the IPC, registered at Police Station Vigilance Bureau, District Bathinda. 2.

On 07.01.2025, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned senior counsel for the petitioner, inter alia, contends that although the petitioner has been named in the FIR in question, however, a perusal of the FIR annexed as Annexure P-1 reveals that there is no specific role attributed to the petitioner much less of demanding or accepting bribe from the complainant; there is no audio/video recording also of the petitioner in the said regard.

Learned State counsel while opposing the prayer PUNEET SACHDEVA 2025.04.29 15:12 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-31962-2024 -2and submissions has not disputed the submissions made by the counsel opposite qua there being no documentary evidence in the shape of either audio or video recording against the petitioner demanding or accepting bribe from the complainant."

3.

Learned senior counsel for the petitioner submits that in compliance of order dated 07.01.2025, the petitioner has joined investigation and cooperated with the investigating agency. 4.

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.

5.

In view of the above, the petition is allowed and interim order dated 07.01.2025, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C./482(2) BNSS.

April 29th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2025.04.29 15:12 I attest to the accuracy and integrity of this document Chandigarh