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Judgment
7 paragraphs · 358 wordsJyotsna Rewal Dua, J
Instant bail petition has been moved for grant of Pre-Arrest bail under Section 438 of Code of Criminal Procedure in FIR No.0133 dated 18.11.2018, registered at Police Station (East) Shimla, leading to registration of case No. RC096 2019 S002 on 07.05.2019 at CBI ACB, Branch Shimla, under Sections 409, 419, 465, 466 and 471 of Indian Penal Code and Sections 13(1)(c) and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act 1988.
I have heard learned counsel for the parties through video conference and gone through the status report filed by the respondent-State.
During hearing of the case, learned counsel for the respondent submitted that the Charge-Sheet/Final Report under Section 173(5) of the Code of Criminal Procedure in respect of KC Group of Institutions, Pandoga, Una, has been filed on 30.03.2020, as challan No. 01 under Section 120-B read with Sections 409, 420, 467, 468 and 471 of the Indian Penal Code and under Section 13(2) read with Section 13(1)(c) & (d) of the Prevention of Corruption Act 1988, before the learned Special Judge (CBI) Shimla by keeping investigation open under Section 173(8) of the Code of Criminal Procedure, 1973 in respect of other institutions. Learned counsel further submitted that at present Central Bureau of Investigation (CBI) does not intend to interrogate or arrest the petitioner in the aforementioned FIR, however, depending upon the investigation, in case the necessity arises in future to interrogate and/or to arrest the petitioner in the aforementioned FIR, then prior notice of ten days shall be issued to her.
Learned counsel for the petitioner has no objection to the closure of the instant petition, on the basis of above statement made by learned counsel for the respondent.
Accordingly, instant petition is disposed of in the light of above statement made by the learned counsel for the respondent by directing the respondent-Central Bureau of Investigation (CBI) to issue at-least ten days prior notice to the petitioner, in case necessity of her interrogation and/or arrest, arises in future.
This petition is, accordingly disposed of. All rights and contentions of the parties are left open.