High CourtsSingle Bench

Satpal Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 10 December 2010 · Citation: (2010) 4 Crimes 442

HON’BLE JUDGES
Jaswant Singh, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226 · Criminal Procedure Code, 1973 (CrPC) — Section 438 · Penal Code, 1860 (IPC) — Section 120B, 420 · Prevention of Corruption Act, 1988 — Section 13(1) · Punjab Village Common Lands (Regulation) Act, 1961 — Section 13A
CASE NUMBER
Criminal M. No. M-35377 of 2010 (O and M)
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Judgment

7 paragraphs · 292 words

Jaswant Singh.J.—Petitioner-Satpal has filed the present petition u/s 438 Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 363 dated 24.10.2009 under Sections 420, 120B IPC and Section 13A of the Punjab Village Common Lands Act, 1961 and Section 13(1)(d) of the Prevention of Corruption Act, PS Sadar Samana,Distt. Patiala, in view of the offence u/s 13(1)(d) of the Prevention of Corruption Act, having been added at the time of presentation of challan.

2.

Learned Counsel submits that the Petitioner who is 75 years old retired Government employee has been arraigned as an accused in the aforesaid FIR in view of his having passed a quasi judicial order which was subsequently upheld by the appellate authority, however, this Court in exercise of jurisdiction under Article 226 of the Constitution of India quashed the same and directed the authorities to inquire into mis-conduct and take appropriate civil and criminal action. Resultantly, the aforesaid FIR has been registered.

3.

It is submitted that this Court vide order dated 2.8.2010 has already confirmed interim bail granted to the Petitioner however, at a subsequent stage while framing charges offence u/s 13(1)(d) of the Prevention of Corruption Act, has been added. Accordingly the prayer.

4.

Notice of motion.

5.

At the asking of the Court, Mrs.RK Nihalsinghwala,Addl.AG Punjab accepts notice. The prayer made on behalf of the Petitioner is not seriously disputed.

6.

In view of the above circumstances, it is directed that the Petitioner shall be released on bail by the learned trial court on furnishing of fresh bail bonds in the aforesaid FIR under Sections 420, 120B IPC , Section 13A of the Punjab Village Common Lands Act, 1961 and Section 13(1)(d) of the Prevention of Corruption Act.

7.

Disposed of.