Hardev Singh v. State Of Punjab

CRM-M No.64154 of 2023 (O&M) -12024:PHHC: 007455

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No.64154 of 2023 (O&M) Date of Decision: 19.01.2024 Hardev Singh ........ Petitioner V/s.

State of Punjab ........Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Achin Gupta, Advocate and Mr. Karan Bansal, Advocate for the petitioner.

Mr. Shiva Khurmi, A.A.G., Punjab.

*** Anoop Chitkara, J. (Oral) FIR No.

Dated Police Station Sections 26.09.2023 Vigilance Bureau Range Ferozepur, District Ferozepur 409, 420, 467, 468, 471, 120-B IPC and 13(1)(a) read with Section 13(2) of the Prevention of Corruption Act, 1988 as amended by Prevention of Corruption (Amendment) Act, 2018.

1.

The petitioner apprehending arrest in the FIR captioned above, had come up before this Court under Section 438 CrPC seeking anticipatory bail by filing the present petition. 2.

Vide order dated 04.01.2024, the petitioner was granted interim bail, which is continuing till date.

3.

Petitioner's counsel submits that they have voluntarily complied with the order dated 04.01.2024.

4.

Counsel for the State does not dispute the above said contention, but opposes the bail and seeks further investigation of the petitioner. 5.

The petitioner was granted interim protection, and in the interregnum, there is no allegation that he had intimidated the witnesses or that he had hampered the investigation, or despite being called to join the investigation, he did not appear before the investigator. Given the nature of allegations, amount involved and the fact that petitioner has joined the investigation, there would be no justification to discontinue the interim protection, and the same is made absolute subject to the petitioner complying with the terms of the bail order. 6.

The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer; and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, it will be open for the prosecution to seek cancellation of the bail. It is clarified that whenever the investigation occurs within the police premises, the Sonia Puri 2024.01.20 14:47 I attest to the accuracy and integrity of this order/judgment

CRM-M No.64154 of 2023 (O&M) -22024:PHHC: 007455 petitioner shall not be called before 8 AM, let off before 6 PM, and shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 7.

Given above, petition is allowed and interim order dated 04.01.2024 is made absolute. Pending applications, if any, stand disposed of. 19th January, 2024 (ANOOP CHITKARA) Sonia Puri JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Sonia Puri 2024.01.20 14:47 I attest to the accuracy and integrity of this order/judgment