Baljit Singh vs State Of Haryana And Another

Mahabir Singh Sindhu, J

Present petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') for grant of anticipatory bail to the

petitioner, in complaint No.494-I of 2014 dated 23.07.2014, under Sections 409, 467, 471, 120-B of Indian Penal Code, 1860.

Allegation against the petitioner is that he along with co-accused made false attendance in attendance register and embezzled public money under

MNREGA scheme.

Contends that in terms of order dated 14.06.2018 passed by this Court, petitioner has already joined proceedings before the learned trial Court and is

appearing regularly.

The above factual position is duly acknowledged by learned State counsel, on instructions from police official present in Court, as well as learned

counsel for respondent No.2.

On 14.06.2018, while issuing notice of motion, this Court has passed the following order:-

“Relies on order dated 18.05.2018 passed in CRM-M-21275-2018 titled as Ram Kumar versus State of Haryana and another. Notice of motion for

20.08.2018.

Interim order in the same terms.â€​

On 18.05.2018, this Court has passed the following order in CRM-M-21275 of 2018 titled as 'Ram Kumar versus State of Haryana and another':-

“Notice of motion for 20.8.2018.

Mr. Sant Lal Barwala, Advocate has appeared for the complainant and filed his memo of appearance which is taken on record.

On the asking of this Court, Mr. Brijesh Sharma, AAG, Haryana, who is present in Court, accepts notice on behalf of the State. Learned counsel for

the petitioner undertakes to supply one set of the paper-book to learned State counsel during the course of the day.

The petitioner has been summoned in a private complaint. He is Sarpanch of village Hasangarh. It is alleged that certain workers employed by the

petitioner were being paid under the Scheme Mahatma Gandhi National Rural Employment Guarantee Scheme and those persons were also working

on daily wage basis somewhere else. However, learned counsel for the petitioner has placed on record extract from The National Rural Employment

Guarantee Act, 2005 with regard to modes of payment to the workers.

Meanwhile, if the petitioner surrenders before the trial Court, he be treated on interim anticipatory bail subject to the satisfaction of the learned trial

Court.

Status report be also submitted.â€​

Since main accused, namely Ram Kumar has already been granted concession of pre-arrest bail by this Court in CRM-M-21275 of 2018, decided on

23.04.2019, consequently, there is no justification to deny the similar relief to the petitioner.

In view of the above, order dated 14.06.2018 granting interim bail to the petitioner, is made absolute subject to the provisions of Section 438(2) Cr.

P.C.

Petition stands disposed off, accordingly.

However, it is made clear that the petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation.

The above observations may not be construed as an expression of opinion on the merits of the case.