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High Court of Punjab and HaryanaCRM-M/59507/2022allowed

Babu Lal v. State Of Haryana

2023-04-13Mr. Justice Gurvinder Singh Gill3 pages

2023:PHHC:051275 In The High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-59507-2022 (O&M) Date of Decision:- 13.4.2023 Babu Lal ... Petitioner

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State of Haryana ... Respondent (II) CRM-M-60294-2022 (O&M) Mohinder Singh ... Petitioner

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State of Haryana ... Respondent (III) CRM-M-60298-2022 (O&M) Sher Singh Yadav ... Petitioner

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State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ankur Lal, Advocate, for the petitioner(s). Ms. Geeta Sharma, DAG, Haryana, assisted by Inspector Suresh.

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CRM-M Nos. 59507, 60294 & 60298 of 2022 (O&M) - 2 - 2023:PHHC:051275 FIR NO. DATE POLICE STATION OFFENCES 14.6.2021 SVB Gurgaon, District State 120-B, 409, 420, 467, 468, 471 IPC Vigilance Bureau and Sections 13(2) and 13(1)(c) of Prevention of Corruption Act, 1988 GURVINDER SINGH GILL, J . (Oral) 1.

This order shall dispose of the above mentioned three petitions wherein petitioners Babu Lal, Mohinder Singh and Sher Singh Yadav, seek grant of anticipatory bail in a case arising out of above mentioned FIR.

2.

The allegations, in nutshell, are that the petitioners who had been working in State Transport Haryana, had committed irregularities in purchase of some material and execution of some works including construction of a road in the year 2008.

3.

Learned counsel for the petitioners has submitted that the FIR in question has been lodged highly belatedly and that there is no evidence worth credence to show that any irregularity had been committed by the petitioners. It has further been submitted that the petitioners have now since retired and that while petitioner-Babu Lal is aged 58 years the other two petitioners are aged about 70 years. 4.

Opposing the petitions, learned State counsel has submitted that since serious allegations of misappropriation of Rs.9,62,454/- have been levelled, no case for grant of anticipatory bail is made out. Learned State counsel has informed that the petitioners have joined investigation but the amount in question is yet to be recovered. 5.

This Court has considered rival submissions addressed before this Court.

CRM-M Nos. 59507, 60294 & 60298 of 2022 (O&M) - 3 - 2023:PHHC:051275 6.

Having regard to the fact that the FIR in question has been lodged highly belatedly and also bearing mind the age of the petitioners and the fact that all the petitioners have already joined investigation, their custodial interrogation is not warranted. The petitions, as such, are accepted and in the event of arrest, the petitioners be released on bail subject to their furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioners shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C. 6.

A photocopy of this order be placed on the file of each connected case.

13.4.2023 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No