Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 105

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, J.
Ranjit Singh - Appellant
Versus
State of Haryana - Respondent
Criminal Miscellaneous Petition (M) No. 57083 of 2022 (O&M)
Decided On : 24-01-2023

Advocates Appeared:
Divyam Singh, Advocate, Vikram Singh, Advocate, Gurmeet Singh, Advocate

The main legal point established is that the petitioner's cooperation with the investigation and not being required for custodial interrogation influenced the court's decision to grant anticipatory bail.

Headnote:
Anticipatory Bail - Prevention of Corruption Act - The court granted anticipatory bail to the petitioner in a case involving allegations of not making entries in the Khasra/Girdawri to extend undue benefits to landowners, under Sections 420, 467, 468, 471, 120-B IPC, 1860 and Sections 7 and 13 of Prevention of Corruption Act, 1988.
Fact of the Case:

The petitioner sought anticipatory bail in a case registered under various sections of the Indian Penal Code and the Prevention of Corruption Act, alleging failure to make entries in the Khasra/Girdawri to extend undue benefits to landowners.
Finding of the Court:

The court accepted the petition for anticipatory bail based on the petitioner joining the investigation and not being required for custodial interrogation.
Issues: The issues involved the petitioner's request for anticipatory bail in a case related to alleged misconduct in making entries in the Khasra/Girdawri.
Ratio Decidendi: The court's decision was influenced by the petitioner joining the investigation and not being required for custodial interrogation, leading to the grant of anticipatory bail.
Final Decision: The petition for anticipatory bail was accepted, and the interim directions issued by the court were made absolute, subject to the petitioner joining the investigation and cooperating with the Investigating Officer.

JUDGMENT

Gurvinder Singh Gill, J. - The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.751, dated 14.9.2022, Police Station Indri, District Karnal, under Sections 420, 467, 468, 471, 120-B and Sections 7 and 13 of Prevention of Corruption Act, 1988, wherein it is alleged that in the year 2007-2008 entries were not made in the Khasra/Girdawri by the petitioner (Patwari) so as to extend undue benefits to the landowners.

2. At the time of issuance of notice of motion, the following order was passed on 7.12.2022:

'This is a petition seeking anticipatory bail in case of FIR No. 751 dated 14.9.2022, under Sections 420, 467, 468, 471, 120-B IPC, 1860 and Section 7, 13 of Prevention of Corruption Act, registered at Police Station Indri, District Karnal.

Learned counsel for the petitioner relies upon the fact that vide order dated 18.10.2022 co-accused was granted interim anticipatory bail by this Court and he claims parity. It is further argued that the alleged incident is of 2008 and the FIR was registered after fourteen years.

Notice of motion.

Ms. Geeta Sharma, DAG Haryana, appears for State of Haryana and seeks time to have instructions.

List on 24th January, 2023.

In the meantime, arrest of the petitioner is stayed subject to joining investigation within a week.'

3. Learned State counsel, upon instructions from DSP Mukesh Kumar, has informed that pursuant to interim directions, the petitioner has since joined investigation and he is not required for any custodial interrogation.

4. Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 7.12.2022 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.

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