Ashok Kumar v. State Of Haryana

CRM-M-47487-2023 2023:PHHC:137271

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-47487-2023 Decided on: 20.10.2023 Ashok Kumar

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. J.S. Mehndiratta, Advocate and Mr. Pawan Singh, Advocate and Ms. Jyotnoor Kaur Sethi, Advocate for the petitioner.

Mr. Karan Sharma, DAG, Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 25.08.2023 Shivaji Colony, District Rohtak 7, 13 of Prevention of Corruption Act 1988 (as amended vide Prevention of Corruption Act No.16 of 2018) 1.

The petitioner apprehending arrest in the FIR captioned above, had come up before this Court under Section 438 CrPC seeking anticipatory bail. 2.

Vide order dated 20.09.2023, this Court had granted interim bail to the petitioner, which is continuing till date.

3.

On instructions, petitioner's counsel submits that they have voluntarily complied with the previous order dated 20.09.2023 including the condition mentioned at para 17 of the said order. He further undertakes not to claim such declaration as self incrimination, violation of Article 20 of Constitution of India or any other law in force. Petitioner's counsel further submits that the recovery in the present case, was not affected from the present petitioner.

4.

Counsel for the State submits that even otherwise such declaration is not illegal because under service rules over an employee is supposed to declare his all assets. However there are allegations under Prevention of Corruption Act against the petitioner ANJU RANI 2023.10.20 16:46 I attest to the accuracy and integrity of this document

CRM-M-47487-2023 2023:PHHC:137271 and his cohorts and they need to verify the details further. 5.

Be that as it may, given the fact that recovery of Rs.2,89,500/- was made from one Jagbir Singh not from the petitioner and in the entirety of facts and circumstances of the case, interim order dated 20.09.2023 is made absolute. It is clarified that petitioner shall join investigation as and when called upon to do so and the investigator is directed to verify petitioner's assets.

6.

Given above, the petition is allowed in the aforesaid terms. Pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 20.10.2023 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2023.10.20 16:46 I attest to the accuracy and integrity of this document