Punjab-Haryana High Court
Harjinder Pal Singh Mann vs State Of Punjab on 2 May, 2019
CRM-M-1065-2019 (O&M) 1
CRM-M-18966-2019 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
215
Date of Decision : 2.5.2019
CRM-M-18672-2019 (O&M)
Harjinder Pal Singh Mann ....Petitioner
vs.
State of Punjab ....Respondent
CRM-M-18966-2019 (O&M)
Varinder Kumar ....Petitioner
vs.
State of Punjab ....Respondent
CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
Present: Mr. APS Deol, Senior Advocate with
Mr. Arshdeep Brar, Advocate
for the petitioners.
Ms. Amarjit Kaur Khurana, D.A.G., Punjab.
****
AJAY TEWARI, J. (Oral)
This common order shall disposed of above said two petitions as emerged from the same FIR.
These petitions have been filed under Section 438 Cr.P.C for grant of anticipatory bail to the petitioners in case FIR No. 58 dated 1 of 3 ::: Downloaded on - 13-05-2019 00:43:00 ::: CRM-M-1065-2019 (O&M) 2 CRM-M-18966-2019 (O&M) 22.2.2019 registered under Sections 420, 466, 468, 471, 474, 181, 120-B IPC at PS Sohana, District SAS Nagar, Mohali.
Brief facts are the the petitioner were accused in FIR No.10 dated 17.08.2017 registered under Sections 406, 409, 420, 467, 468, 471, 477-A, 120-B IPC and Sections 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and they were granted anticipatory bail in that FIR. However, when surety bonds were verified, it transpired the sureties have attached fake valuation report of their property. It leads to the present FIR.
Learned senior counsel for the petitioners has argued that at this stage it would be too early to presume the petitioners were party to this fraud.
Learned Deputy Advocate General has argued that once the fake valuation reports were submitted for the benefit of the petitioners they cannot now distance themselves from the same as if they are uninterested third party.
Be that as it may, keeping in view the entire conspectus of facts and without going into the merits of the case, I do not deem it appropriate to deny them the concession of bail.
Resultantly, the petitions are allowed. In the event of arrest they will be released on bail by the Investigating Officer subject to the conditions envisaged under Section 438 (2) Cr.P.C. The petitioners are directed to appear before the Investigating Officer as and when their presence is required.
2 of 3 ::: Downloaded on - 13-05-2019 00:43:01 ::: CRM-M-1065-2019 (O&M) 3 CRM-M-18966-2019 (O&M) Since the main cases have been decided, the pending criminal miscellaneous application, if any, also stands disposed of.
(AJAY TEWARI)
2.5.2019 JUDGE
anuradha
Whether speaking/reasoned - Yes/No
Whether reportable - Yes/No
3 of 3
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