Sardool Singh vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner Sardool Singh Sarpanch son of Tirath Singh has preferred the instant petition for the grant of anticipatory bail, in a case registered against him, by virtue of FIR No.4 dated 5.1.2011 (Annexure P1), on accusation of having committed the offences punishable under sections 409 IPC, 7 and 13 (2) of the Prevention of Corruption Act, 1988 by the police of Police Station Dhariwal, District Gurdaspur, invoking the provisions of section 438 Cr.P.C. Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable help and after considering the entire matter deeply, to my mind, the present petition deserves to be accepted in this context.

During the course of preliminary hearing, the following order was passed by this Court on 16.11.2012:-

Learned counsel, inter-alia, contended that the same very allegations of embezzlement of impugned amount of Panchayat fund were enquired into and were found false by the District Development and Panchayat Officer, vide report dated 26.05.2011 (Annexure P2). Not only that the report was accepted by the Director Rural Development and Panchayat, Punjab and the petitioner, who was a Sarpanch, was exonerated vide order dated 02.12.2011 (Annexure P3). The argument is that the petitioner has been falsely implicated by the complainant party due to political pressure and nothing is to be recovered from him.

Heard.

Notice of motion be issued to the respondent, returnable for 29.11.2012.

Meanwhile, the petitioner is directed to join the investigation before the next date of hearing. In the event of his arrest, the Arresting Officer would admit him to bail on his furnishing adequate bail and surety bonds in the sum of Rs. 25,000/- to his satisfaction.

At the very outset, the learned State counsel, on instructions from ASI Gurdarshan Singh, has acknowledged the factual matrix and stated that the petitioner has already joined the investigation and he is no longer required for further interrogation at this stage. There is no history of his previous involvement in any other criminal case.

In the light of aforesaid reasons and taking into consideration the totality of the facts & circumstances, emanating from the record, as described here-in-above, the instant petition is hereby accepted and the interim bail already granted to the petitioner, vide order dated 16.11.2012 is made absolute, subject to compliance of conditions as envisaged u/s 438(2) Cr.P.C. Needless to mention that if the petitioner does not cooperate or join the investigation, then the prosecution would be at liberty to move a petition for cancellation of his anticipatory bail, in this relevant connection.