Hoshiar Singh vs State of Haryana

Kanwaljit Singh Ahluwalia, J.—Present petition has been filed u/s 438 of the Code of Criminal Procedure for the grant of pre-arrest bail in case FIR No. 20 dated 3.9.2009 registered at Police Station State Vigilance Bureau, Gurgaon, under Sections 409, 420, 467, 468, 471, 120-B IPC and 13(1)(d) of the Prevention of Corruption Act.

A Coordinate Bench, on October 12, 2010, had passed the following order:

Petitioner is a retired Deputy Superintendent from the office of Sub Divisional Education Officer, Mahendergarh and is alleged to have along with District Education Officer, indulged in embezzlement of money by entrusting work to private contractors instead of Committees.

Notice of motion for 09.11.2010 on which date a similar application of Mithu Ram Chopra is pending before this Court.

Meanwhile, an interim direction is issued that the Petitioner will join the investigation on 30.10.2010 between 10:00 AM to 4:00 PM. However, in case of Petitioner doing so, he shall be released on interim bail to the satisfaction of the Arresting Officer.

Counsel for the State, on instructions from Inspector Ram Kishan, states that the Petitioner has joined the investigation, however, the amount which was embezzled by the Petitioner, amounting to Rs. 1.00 lac, is yet to be recovered.

Whether the Petitioner has embezzled the amount or not, would be determined during trial. It is not in dispute that entire case of the prosecution is dependent upon documents which are in custody of the government officials. Hence, custodial interrogation of the Petitioner may not be required, especially when the Petitioner has joined the investigation. Thus, order dated October 12, 2010 is affirmed. In the event of arrest, the Petitioner shall be released on bail by the Investigating Officer. After completion of investigation, on submission of report u/s 173 Code of Criminal Procedure, the trial Court shall permit the Petitioner to file regular bail bonds. Disposed of.