In the High Court of Punjab and Haryana at Chandigarh ...... (1) Criminal Misc. No.M-26562 of 2009 ..... Date of decision:28.4.2010 Dhani Ram and another .....Petitioners v. State of Haryana .....Respondent .... (2) Criminal Misc. No.M-32445 of 2009 ..... Rameshwar Dass .....Petitioner v. State of Haryana .....Respondent .... Present: Mr. Gorakh Nath and Mr. P.L. Singla, Advocates for the petitioners. Mr. K.C. Gupta, Senior Deputy Advocate General, Haryana for the respondent-State. ..... S.S. Saron, J. This order will dispose of Criminal Misc. No.M-26562 of 2009 filed by Dhani Ram and Rajinder Kumar and Criminal Misc. No.M-32445 of 2009 filed by Rameshwar Dass, Patwari. The petitioners in the respective petitions seek pre-arrest bail in a case registered against them on 21.8.2009 for the offences under Sections 409, 420 and 120-B IPC. The FIR in the case has been registered on the complaint made Cr. Misc. Nos.M-26562 of 2009 etc. [2] by Inspector Ramesh Kumar, State Vigilance Bureau (H), Hisar Division, Hisar. The prosecution case is that FIR for the offences under Sections 7 and 13 of the Prevention of Corruption Act was registered against Rameshwar Dass, Patwari (petitioner in Criminal Misc. No.M-32445 of 2009). After completion of investigation the case of the accused Rameshwar Dass was sent for sanction to the Director, Urban Estates, Haryana, Panchkula. The original file was sent for the purpose of consideration for grant of sanction. Despite reminders issued by the Vigilance Bureau, the sanction was not received back. The complainant- Inspector Ramesh Kumar had personally met Dhani Ram, Superintendent, Urban Estates, Panchkula (petitioner No.1 in Criminal Misc. No.M-26562 of 2009). Dhani Ram after perusing the record informed that challan file in the case had already been sent vide letter dated 21.4.2009 by ordinary post and inquiry was made regarding the challan being sent from the Post Office, Panchkula and Post Office, Hisar. The challan file was not entered any where. It is alleged that Dhani Ram and Rajinder Kumar (petitioners in Criminal Misc. No.M-26562 of 2009) had misappropriated the file for consideration for grant of sanction so as to give benefit to Rameshwar Dass, Patwari. Renu, an Assistant was also alleged to have been responsible for misplacing the file. However, her counsel in a separate order passed order today in Criminal Misc. No.M-26188 of 2009 stated that she has been found innocent and, therefore, he did not press her application for bail. The petitioners had sent the file regarding sanction for prosecution by ordinary post. The file has not been traced out in the Post Office nor had it received in the Vigilance Bureau at Hisar. In any case, it is not in dispute that Cr. Misc. Nos.M-26562 of 2009 etc. [3] another file has been constructed and necessary sanction given. Thereafter, challan has been filed in Court against Rameshwar Dass, Patwari and charges have also been framed against him in the case registered for the offences under Sections 7 and 13 of the Prevention of Corruption Act, 1988. Dhani Ram (petitioner No.1 in Criminal Misc. No.M-26562 of 2009) has since retired from service. The question whether the file has been intentionally misplaced or it got misplaced in the routine is to be considered by the investigating authorities. However, keeping in view the fact that the file has been reconstructed and challan has been filed; besides, charges have also been framed against Rameshwar Dass, Patwari, it would be just and expedient that the petitioners are granted the concession of pre-arrest bail in the present case. Accordingly, both the petitions are allowed. The petitioners in the event of their arrest shall be admitted to bail on their furnishing personal bonds and surety each to the satisfaction of the arresting/investigating officer. The petitioners shall join the investigation as and when called. April 28, 2010. (S.S. Saron) Judge *hsp*