Punjab-Haryana High Court
Sham Sunder Jain vs State Of Haryana on 13 May, 2010
In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-11689 of 2010(O&M)
Date of Decision:May 13, 2010
Sham Sunder Jain
---Petitioner
versus
State of Haryana
---Respondent
Coram: HONBLE MR. JUSTICE GURDEV SINGH
***
Present: Mr.Bijender Dhankar, Advocate,
for the petitioner`
Ms. Shalini Attri, Deputy Advocate General,
Haryana
***
GURDEV SINGH, J.
Crl. Misc. No. 25428 of 2010 Allowed subject to all just exceptions.
Crl. Misc. No. M- 11689 of 2010 Heard.
Petitioner-Sham Sunder Jain, has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in FIR No. 104 dated 4.4.2010 registered under Sections 167, 420, 467, 468 and 471 of the Indian Penal Code in Police Station Ganaur, District Sonepat.
The allegations levelled against him in the FIR are that he had been withdrawing the old age pension of his mother, Kela Devi, even after her death, by forging her thumb impression and he got prepared 10 Below Poverty Line Cards (Yellow Card) of about 10 persons at his personal Crl. Misc. No. M-11689 of 2010(O&M) -2- address, though they were not residing there. Those cards were got obtained by him by forging the documents.
As per annexure P-5, the information was sought under the RTI Act, 2005, by Govardhan, father of the petitioner, and it was disclosed that at the address of the house of the petitioner only one Below Poverty Line Card was got prepared in the name of Nand Kishore. Other two cards were Above Poverty Line Cards.
The allegations as levelled against the petitioner cannot be said to of such nature that it can be said that his custodial interrogation is required. The case is based upon the documents, which are supposed to be in possession of the concerned department and can be collected by the Investigating Officer from that office.
In view of these circumstances and without expressing any opinion on the merits of the case, this petition is accepted. In case of arrest of the petitioner, in the FIR mentioned above, he shall be released on bail to the satisfaction of the Arresting Officer subject to the following conditions:-
(i)He shall make himself available for interrogation by a police officer as and when required;.
(ii)He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii)He shall not leave India without the previous permission of the Court.
This order shall remain in operation till the decision of the Crl. Misc. No. M-11689 of 2010(O&M) -3- application for regular bail, which is to be filed by the petitioner at the time of presentation of the challan against him before the trial court.
(GURDEV SINGH) JUDGE May 13, 2010 PARAMJIT