Naresh Kumar Sheokand v. State Of Haryana
CRM-M-58829-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-58829-2023 (O&M)
Reserved on: 09.01.2024
Pronounced on: 15.01.2024 Naresh Kumar Sheokand ... Petitioner(s)
Versus
State of Haryana
...Respondent (s)
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Vikram Chaudhri, Sr. Advocate (through VC) with Mr. Sunil Sihag, Advocate, Mr. Kunal Sharma, Advocate for the petitioner(s).
Mr. Vikrant Pamboo, Sr. DAG, Haryana.
*** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 03.12.2020 Vigilance Bureau, Panchkula 13(1)(e) r/w Section 13(2) of the Prevention of Corruption Act, 1988.
1.
Apprehending arrest in the FIR captioned above, the petitioner had come up before this Court under Section 438 CrPC seeking anticipatory bail. 2.
In paragraph 9 of the bail petition, the accused declares his criminal antecedents as follows:- FIR No.
Dated Police Station Sections 22.7.2015 State Vigilance Bureau, Panchkula 409, 420, 467, 468, 471 & 120-B IPC and Sections 13(1) of the Prevention of Corruption Act, 1988.
ECIR/CDZOII/03/2021 05.03.2021 3/4 of PMLA 3.
Vide order dated 22.11.2023, this Court had granted interim protection to the petitioner which is continuing till date.
4.
Counsel for the petitioner submits that prior to the present petition, the ASHWANI KUMAR 2024.01.15 14:13 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-58829-2023 petitioner remained in custody for 41⁄2 months in case under Section 3(1) of the Prevention of Corruption Act and after that, for a period of 31⁄2 months also. Reasoning:
5.
Considering the fact that the present petition traces back to one incidence of corruption for which he had already remained in custody for around 8 months, coupled with the fact that this case is under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act and furthermore, in compliance of order dated 7.12.2023, the petitioner has already voluntarily declared his assets with an undertaking that for declaring assets, they would not claim any incrimination or violation of their rights under Articles 20/21 of the Constitution of India, Indian Evidence Act or any other law in force, there is no reason for pre-trial incarceration or custodial interrogation of the petitioner.
6.
Given above, the present petition is allowed and interim order dated 22.11.2023 is made absolute. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE January 15, 2024 AK Whether speaking/reasoned :
Yes Whether reportable :
Yes ASHWANI KUMAR 2024.01.15 14:13 I attest to the accuracy and integrity of this document Chandigarh