Ram Paul v. Central Bureau Of Investigation

-1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision.07.01.2021 (Heard through VC) Ram Paul

...Petitioner

Vs Central Bureau of Investigation

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR Present: Mr. Kanwaljeet Singh, Senior Advocate with Mr. Ajaivir Singh, Advocate for the petitioner.

Mr. Rajeev Anand, Advocate for CBI.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of anticipatory bail in complaint case filed by the CBI for commission of offence punishable under Sections 420 & Section 120-B IPC and Section 13(2) read with 13(1)(d) of PC Act, 1988.

Learned Senior Counsel appearing on behalf of the petitioner herein would contend that the matter had been thoroughly investigated on several occasions, subsequent to which a charge-sheet already stands filed. It is argued that the complaint case itself would not be maintainable as admittedly the money received by the LIC agents stands deposited with the Axis Bank. It is also contended that the FIR itself mentions that "three LIC agents deposited the cash collected against different proposals/applications directly in the Axis Bank Ltd. Sh. Sunil Kumar Verma, Branch Manager dishonestly accompanied the agents for deposition of cash in Axis Bank." It

-2is further argued that the petitioner herein is not an LIC agent nor is he the Branch Manager. In fact, he is the Administrative Officer of LIC at Malerkotla, which is under Chandigarh Division. It is also submitted that during investigation, no cash has been found at his residence and therefore, it cannot be said that he is guilty of any misappropriation of funds. Notice of motion.

Mr. Rajeev Anand, Advocate, who is present through the medium of video conference, accepts notice for the respondent-CBI and vehemently argues that even though the petitioner has joined investigation and the charge-sheet has been presented, the petitioner herein would be in a position to influence the witnesses and therefore, his custody would be required to ensure that he does not tamper with the documents or influence the witnesses.

I have heard learned counsel for the parties and have gone through the pleadings of the case and find that the petitioner herein had joined investigation with the CBI as and when required. Admittedly, the challan has already been presented in Court and the investigation in the said matter is complete.

On the asking of the Court, learned counsel appearing for the CBI informs that the material witnesses would be official and therefore, this Court is of the opinion that the petitioner herein would not be in much of a position to influence them. Even if the petitioner makes an attempt to influence the said witnesses, CBI always has the recourse of moving an application for cancellation of bail for violating the terms and conditions of the bail so granted.

Consequently, this petition is disposed of by directing the

-3petitioner herein to put in an appearance before the Special Judge, CBI, Punjab, SAS Nagar, Mohali on the date he has been summoned, on which date, in case he moves an application for bail, he will be admitted to bail, subject to furnishing personal/surety bond to its satisfaction. (JAISHREE THAKUR) JUDGE January 07, 2021 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No