Joginder Singh Godara vs State of Haryana

Ram Chand Gupta, J.—The present petition filed u/s 438 Code of Criminal Procedure is for grant of anticipatory bail to the petitioner in FIR No. 18, dated 19.7.2010, registered under Sections 7 and 13 of the Prevention of Corruption Act, 1988, at Police Station SVB Gurgaon, District Gurgaon.

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

This Court while issuing notice of motion on 15.10.2010, passed the following order:

Crl.M. No. 55052 of 2010

Application is allowed subject to all just exceptions.

Crl.M. No. M-30788 of 2010

Contends that petitioner was exercising his duties as Excise and Taxation Officer and even as per case of complainant, raid was conducted and 254 cartons of Pepsi without bill were found at the premises of complainant, which were being unloaded from a vehicle. Further contends that petitioner issued show cause notice, Annexure P4, duly signed by the complainant, issued to him at the spot. After imposing penalty he was called in the office to make the payment of two separate amounts of Rs. 16,400/-and 25,100/-. Further contends that co-accused had accepted Rs. 41,500/-and have issued two receipts for the same, and however, one receipt has been intentionally with-held by the police, whereas both the receipts were handed over by the co-accused during the raid.

Notice of motion for 17.11.2010.

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) Cr.P.C.

It has been stated by learned Counsel for the petitioner that pursuant to the said order, the petitioner has already joined the investigation.

It has been stated by learned State counsel as well, on instructions from Inspector Jagat Singh, SVB Gurgaon, that the petitioner has joined the investigation and that he is no more required for any custodial interrogation by the police.

The present application is not opposed on behalf of the State, however, the same has been opposed by counsel for the complainant.

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.

In view of these facts and without expressing any opinion on the merits of the case, order dated 15.10.2010, granting interim bail to petitioner-Joginder Singh Godara, is, hereby made absolute subject to the compliance of conditions contained in Section 438(2) Cr.P.C.

The present petition stands disposed of accordingly.