High Court of Punjab and HaryanaCRM-M/43242/2019allowed

Suresh Kumar Goyal v. State Of Punjab

2020-01-14Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.43242 of 2019 (O&M) Date of Decision:- 14.01.2020 Suresh Kumar Goyal

...Petitioner

Versus

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:- Mr. Himmat Singh Deol, Advocate for the petitioner.

Mr. Ramandeep Sandhu, Sr. DAG, Punjab.

***** RAJ MOHAN SINGH, J .(Oral) The petitioner seeks grant of anticipatory bail in case bearing FIR No.8 dated 02.09.2019, registered under Section 13

(1) (b) read with Section 13 (2) of Prevention of Corruption Act (as amended vide PC Act, 2018) at Police Station Vigilance Bureau, Bathinda.

While issuing notice of motion on 07.10.2019, following order was passed:-

-2- "Counsel inter alia contends that the petitioner had been taken into custody in FIR No. 5 dated 21.03.2017 under the Prevention of Corruption Act, 1988 on account of an complaint received in a trap case. He had been released on regular bail on 26.05.2017 (Annexure P-2). On account of the raids conducted at his house during the investigation, the present FIR No. 8 dated 02.09.2019 (Annexure P-3) has been lodged. The same is on the basis of recoveries effected in the first FIR and is on account of the extra expenditure he had incurred during the check period. It is submitted that the petitioner would not be required as such for the purposes of investigation now and his defence as such that would be whether he had spent more money from his income which is a matter of trial.

Notice of motion for 02.12.2019.

In the meantime, it is directed that the petitioner shall join investigation and in the event of arrest of the petitioner, he shall be released on ad-interim bail by the Investigating Officer. He shall join investigation as and when required and shall comply with the conditions laid down under Section 438(2) Cr.P.C."

In compliance of the aforesaid order, learned counsel for the petitioner states that the petitioner has joined the investigation and undertakes to join further investigation as and when called upon to do so by the Investigating Agency. Learned State counsel on instructions from ASI Harjinder Singh admits the same and states that he is no more required for any further investigation of the case.

-3In view of the statement made by learned State counsel, order dated 07.10.2019 passed by the Coordinate Bench is made absolute, however petitioner shall abide by the conditions as envisaged under Section 438 (2) Cr.P.C. Petition stands disposed of.

14.01.2020 ( Raj Mohan Singh ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No