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Ajay Pal alias Kalu vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 3 December 2010 · Citation: (2010) 12 P&H CK 0390

HON’BLE JUDGES
Ram Chand Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438, 438(2) · Penal Code, 1860 (IPC) — Section 120B, 397 · Prevention of Corruption Act, 1988 — Section 13
CASE NUMBER
CRM No. M 18034 of 2010
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Judgment

14 paragraphs · 352 words

Ram Chand Gupta, J.—The present petition has been filed by Petitioner Ajay Pal alias Kalu u/s 438 Code of Criminal Procedure seeking anticipatory bail in case FIR No. 23 dated 28.10.2009 registered under Sections 397 & 120B IPC and Section 13(1)(d) of the Prevention of Corruption Act at Police Station SVB Gurgaon.

2.

I have heard learned Counsel for the parties and have gone through the whole record carefully.

3.

This Court while issuing notice of motion on 29.6.2010 passed the following order:

Crl.M.No.31976 of 2010

Application is allowed subject to all just exceptions.

Crl.M.No.M 18034 of 2010

Argues that main accused i.e. Veeru @ Bir Singh has already been concession of interim bail by Hon''ble Supreme Court of India vide order dated 15.02.2010, Annexure P1. Further contends that Bhupinder Singh and Rajinder Singh were granted interim bail by this Court vide Crl. Misc. No. M-16392 of 2010.

Notice of motion for 5.7.2010.

However, Petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified u/s 438(2) Code of Criminal Procedure

To be heard alongwith Crl.M. No. M-16392 of 2010.

4.

It has been stated by learned Counsel for the Petitioner that he has already joined the investigation pursuant to said order dated 29.6.2010.

5.

It has also been stated by learned Counsel for the State that Petitioner has joined the investigation and that he is no more required for any custodial interrogation.

6.

There are no allegations on behalf of the State that Petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

7.

Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Petitioner Ajay Pal alias Kalu is accepted and order dated 29.6.2010 granting interim bail in favour of the Petitioner is, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Code of Criminal Procedure