Punjab-Haryana High Court
Vikas Bishnoi vs State Of Haryana on 15 May, 2018
Author: Surinder Gupta
Bench: Surinder Gupta
CRM-M-12534 of 2018 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M-12534 of 2018
Date of Decision: 15.05.2018
Vikas Bishnoi ....Petitioner
VERSUS
State of Haryana ....Respondent
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Ajit Singh Lamba, Advocate
for the petitioner.
Mr. Ashish Yadav, Addl. A.G., Haryana.
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SURINDER GUPTA, J.(Oral)
The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.353 dated 29.04.2016 registered for offences punishable under Sections 7, 8 and 9 of Prevention of Corruption Act, 1988 at Police Station Sadar, Hisar.
Heard.
As per allegations against the petitioner, he was conduit, who used to receive bribe at the behest of Lt. Col. Gaurav Rehlan from candidates, who appeared for recruitment in Army and had to come for review medical board. The petitioner was nabbed while accepting `30,000/- as illegal gratification from one of the candidate. During inquiry, he disclosed that he had received a sum of `1,70,000/- on behalf of aforesaid Lt. Col. Gaurav Rehlan, who is posted as eye-specialist and has supplied him a list of candidates, who had to appear for review medical board.
After the arrest of petitioner on 04.01.2018, the police after 1 of 2 ::: Downloaded on - 20-05-2018 13:00:29 ::: CRM-M-12534 of 2018 -2- completing the investigation has presented the challan against him on 01.03.2018. However, further proceedings could not be started as his co- accused, who is posted as Lieutenant Colonel, has not been arrested or associated in the investigation.
Keeping in view above facts and that completion of investigation against co-accused, presentation of challan against him and then conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Vikas Bishnoi is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:-
(a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.
(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.
(c) He shall not leave the country without the previous permission of the Court.
May 15, 2018 ( SURINDER GUPTA )
jk JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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