Punjab-Haryana High Court
Ajay Kumar Sandhu vs State Of Haryana on 13 November, 2013
Author: Sabina
Bench: Sabina
In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-25418 of 2011(O&M)
Date of decision: 13.11.2013
Ajay Kumar Sandhu
......Petitioners
Versus
State of Haryana
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.R.S.Tacoria, Advocate for
Mr.Rakesh Dhiman, Advocate
for the petitioner.
Mr.Satyavir Singh Yadav, Addl.A.G.Haryana.
Mr.Vijay Saini, Advocate for
Mr.Vikram Suri, Advocate,
for Employees State Insurance Corporation
None for Employees Provident Fund Organisation.
****
SABINA, J.
This petition has been filed by the petitioner under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No. 10 dated 28.1.2011, under Sections 406, 420 of the Indian Penal Code, 1860 registered at Police Station Narwana Sadar, Jind District Jind.
On 7.11.2011, the following order was passed by this Court :-
"Learned counsel for the petitioner submitted that the petitioner has deposited entire dues of provident fund and ESI of the employees working with him. In case there is any deficit, he is ready and willing to deposit the same. He further submitted that earlier the matter was enquired Devi Anita 2013.11.15 10:08 I am approving this document Chandigarh Criminal Misc. No.M-25418 of 2011(O&M) -2- into and it was found that no case was made out against the petitioner. The submission is that deposit of provident fund or ESI contribution can be taken care of under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and Employees State Insurance Act, 1948. FIR under Sections 406/ 420 IPC cannot be registered. He further submitted that the petitioner has been falsely implicated in this case, as he had made a complaint against the senior officials working in HVPNL. Three Executive Engineers were arrested on the allegation of corruption and one Chief Engineer is also the accused in the FIR registered on the complaint of the petitioner.
On the other hand, learned counsel for the State submitted that earlier the matter was investigated by the police. Now the same has been transferred to the Crime Branch. As per his instructions, the petitioner deposited provident fund dues at Narwana and had claimed the same even for the employees posted at Rohtak.
To find out as to whether there is any short fall in deposit of provident fund and ESI dues by the petitioner, let notice be issued to the Employees Provident Fund Organisation and Employees State Insurance Corporation. Mr.Kamal Sehgal and Devi Anita Mr.B.S.Bhalla, Advocates are requested to accept notice. 2013.11.15 10:08 I am approving this document Chandigarh Criminal Misc. No.M-25418 of 2011(O&M) -3- In the meantime, the petitioner may also appear before the investigating officer on 11.11.2011 at 10.00 AM for joining investigation. In case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438 (2) Cr.P.C."
Now during the pendency of the petition, challan has been presented against the petitioner.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed and the order granting interim bail dated 7.11.2011 is made absolute.
.
(SABINA) JUDGE November 13, 2013 anita Devi Anita 2013.11.15 10:08 I am approving this document Chandigarh