Arvind Kumar Malik v. State Of Haryana

CRM-M-59311-2023 2023:PHHC: 155741

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-59311-2023 (O&M) Date of order: 06.12.2023 Arvind Kumar Malik ... Petitioner(s)

Versus

State of Haryana

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. S.P. Chahar, Advocate for the petitioner(s).

Mr. Rajat Gautam, Addl.A.G., Haryana.

*** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 10.10.2023 ACB, Rohtak District Anti Corruption Bureau, Haryana.

409, 420, 468, 471, 120-B IPC 13(i)(c), 13(i)(d) and 13(2) of the Prevention of Corruption Act, 1988.

1.

Apprehending arrest in the FIR captioned above, the petitioner who retired as Block Development and Panchayat Officer, had come up before this Court under Section 438 CrPC by way of present petition.

2.

In paragraph 20 of the bail petition, the accused declares that they have no criminal antecedents.

3.

Counsel for the petitioner submits that the petitioner has joined the investigation and has complied with the conditions stipulated in the interim order. 4.

State has filed reply in Court which is taken on record. 5.

Facts of the case are that in year 2015-16, the petitioner, who at that time was posted as Block Development and Panchayat Officer, in connivance with Gram Sachiv, had ordered installation of 96 dustbins at a cost of Rs.5.53 lacs. On inquiry, it was revealed that no notice of publication was issued by the petitioner and no quotations ASHWANI KUMAR 2023.12.07 12:43 I attest to the accuracy and authenticity of this order/judgment

CRM-M-59311-2023 2023:PHHC: 155741 were obtained from whom it were shown to have been taken. Thereafter, on 6.1.2016, a resolution was passed giving sanction to make payment to the concerned firm to supply the dustbins and a sum of Rs.5,53,860/- was paid. As per paragraph 4 of the reply filed by the State, it remains undisputed that the entire amount of Rs.5,53,860/- was deposited back in the account of Gram Panchayat along with interest amount of Rs.7270/-.

6.

Vide order dated 24.11.2023, this Court had granted interim anticipatory bail to the petitioner which is continuing till date. 7.

State's counsel, on instructions, submits that the petitioner has joined the investigation and his custodial interrogation is not required. 8.

Given above, the petition is allowed and interim order dated 24.11.2023 is made absolute. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE December 06, 2023 AK Whether speaking/reasoned :

Yes Whether reportable :

Yes ASHWANI KUMAR 2023.12.07 12:43 I attest to the accuracy and authenticity of this order/judgment