High Court of Punjab and HaryanaCRM-M/43512/2019allowed

Sukhdev Singh v. State Of Punjab

2020-01-20Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No. 43512 of 2019 (O&M) Date of Decision:- 20.01.2020 ASI Sukhdev Singh

...Petitioner

Versus

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:- Mr. B.S. Bhalla, Advocate for the petitioner.

Mr. Jagmohan Singh Ghumman, DAG, Punjab.

***** RAJ MOHAN SINGH, J .(Oral) The petitioner seeks grant of anticipatory bail in case bearing FIR No.197 dated 19.09.2019, registered under Sections 7 and 13 (2) of Prevention of Corruption Act, 1988 at Police Station Dharamkot, District Moga.

At the time of issuance on notice of motion on 14.10.2019, the following order was passed:- "Prayer is for grant of anticipatory bail in case FIR No.197 dated 19.9.2019 under Sections 7, 13(2) of the Prevention of Corruption Act, 1988 registered at P.S Dharmkot, District

-2Moga.

Allegations against the petitioner, who is a police official are that he along with Gurnishan Singh-Sarpanch of the Village had taken an amount of Rs.10,000/- from the complainant so as to permit him to join investigation in a case under Sections 326,450 IPC registered against the complainant.

Learned counsel for the petitioner states that the petitioner has an unblemished career and that there has been no complaint against the petitioner all through. Even otherwise, he is not connected with the instant case as he was not the investigating officer. There was no occasion for him to demand Rs.10000/- from the complainant.

Notice of motion for 15.11.2019.

Meanwhile, in the event of arrest, the petitioner shall be released on interim anticipatory bail to the satisfaction of the Arresting/Investigating Officer, subject to the conditions provided under Section 438(2) Cr.P.C. The petitioner is also directed to join the investigation andcooperate with the Investigating Agency, as and when required."

Learned State counsel on instructions from ASI Gurdeep Singh states that the petitioner has joined the investigation and he is no more required for any further investigation of the case.

-3In view of the statement made by learned State counsel, order dated 14.10.2019 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.

20.01.2020 ( Raj Mohan Singh ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No