Punjab-Haryana High Court
Neeraj Kumar vs State Of Punjab on 10 January, 2012
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Crl. Misc.No.M-28806 of 2011 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl. Misc. No.M-28806 of 2011
Date of Decision: 10 - 1 - 2012
Neeraj Kumar .....Petitioner
v.
State of Punjab .....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.APS Deol, Sr. Advocate with
Mr.Vishal Rattan Lamba, Advocate
for the petitioner.
Mr.B.S.Sra, Addl.A.G., Punjab.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in a case arising out of FIR No.145 dated 28.8.2011 registered at Police Station City Mansa, Distt. Mansa under Sections 420, 465, 467, 468, 471 IPC.
Briefly stated case against the petitioner is that to run a Marriage Palace/Resort, he had to obtain a `No Objection Certificate' from District Magistrate, Mansa. For issuance of `No Objection Certificate', from various authorities no objection has to be obtained. It is stated that `No Objection Certificate' issued by the Forest Department is a forged document.
A Co-ordinate Bench on 21.10.2011 had passed the following Crl. Misc.No.M-28806 of 2011 [2] order:-
"The dispute in the present case is as to whether the petitioner had produced a communication dated 30.8.2008 from Forest Department to District Magistrate or the same was directly received by the office of District Magistrate, Mansa from the Forest Department and further whether the petitioner was ever communicated the conditions for approval of forest land as gate-way to the marriage palace of the petitioner by the Forest Department, the proposal of which was sent by the Forest Division Officer, Mansa to Forest conservator, South Circle, Punjab, Patiala on 14.7.2009 to enable him to deposit the compensatory aforestation charges and whether in addition to communication dated 30.8.2008 from Forest Department to District Magistrate, Mansa, any other communication was received by the District Magistrate's office giving no objection to the petitioner. Let a representative from the office of District Magistrate, Mansa be also present in court on the next date of hearing along with the record of the case.
Let the petitioner appear before the Investigating Officer on 2.11.2011 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.
Adjourned to 8.11.2011.
A photo copy of the order be given to learned Deputy Advocate General, Punjab by the Bench Secretary under his signatures."
During the course of arguments, it is admitted that evidence, if any, is based upon a document. It will be determined during the trial as to whether `No Objection Certificate' recovered from the petitioner is a forged document or not.
Crl. Misc.No.M-28806 of 2011 [3]
Mr.Deol, learned senior counsel appearing for the petitioner states that in case any handwriting of the petitioner is required, he will appear before the concerned Judicial Magistrate and shall give his specimen handwriting to enable the Investigating agency to arrive at the truth.
Counsel for the State, on instructions from ASI Amrik Singh, Police Station City Mansa states that except to obtain the handwriting, nothing is to be recovered from the petitioner.
Considering the nature of allegations and the statement made by counsel for the State, pre-arrest bail granted to the petitioner vide order dated 21.10.2011 is affirmed. In the event of arrest, the petitioner shall be released on bail to the satisfaction of Arresting Officer. He shall continue to join the investigation as and when called for and shall abide by the conditions as specified under Section 438(2) Cr.P.C. On furnishing of report under Section 173 Cr.P.C., petitioner shall furnish regular bail bonds to the satisfaction of the trial Court. In case the petitioner fails to give his specimen handwriting, the Investigating Agency shall be at liberty to seek cancellation of the bail bonds.
Petition stands disposed of.
( KANWALJIT SINGH AHLUWALIA ) January 10, 2012. JUDGE RC