Crl. Misc. No. M-28803 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-28803 of 2011 Date of Decision: November 8, 2011 Rajinder Singh Machhaki …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. D.S. Pheruman, Advocate for the petitioner. Mr. Kirat Singh Sidhu, DAG, Punjab. -.- M.M.S. BEDI, J. (ORAL) Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Makhan Singh, alleging that he had paid a sum of Rs.1 lac to the petitioner who is an Advocate to obtain a favourable order from Judicial Officer. Counsel for the petitioner has argued that the petitioner had been representing the complainant before Revenue Court and is his fee of Rs.15000/- as promised by the complainant could not be paid. When a sum Crl. Misc. No. M-28803 of 2011 [2] of Rs.10000/- was demanded by the petitioner, the complainant using his local influence got the FIR registered by presenting an affidavit before the Sessions Judge, Faridkot. It has also been argued that the petitioner has been falsely implicated and that the petitioner is so much confident about the falsity of the prosecution case and the version given by the complainant that he is even ready to deposit a sum of Rs.1 lac, as security in the Court without prejudice to his rights and safeguard his right to receive the money back in case the prosecution agency is not able to substantiate the allegations of receipt of money. Since the petitioner is an Advocate and in a serious matter of prima facie professional conduct opts to challenge the authenticity of the complainant’s version and simultaneously claiming his professional rights to receive money from the complainant, it would be debatable issue before the trial Court. Otherwise, the petitioner has joined investigation. The petition is allowed and it is ordered that in case of arrest of the petitioner he will be released on bail to the satisfaction of the arresting officer subject to the following conditions:- i) the petitioner will join investigation as and when required by the police; ii) he will not tamper with the evidence or hamper the investigation in any manner; iii) the petitioners will deposit a sum of Rs.1 lac with the Illaqa Magistrate of Police Station Kotwali, District Faridkot within a period of one month. Crl. Misc. No. M-28803 of 2011 [3] The amount will remain deposited till the final decision of the trial. In case the complainant is able to substantiate the allegations against the petitioner, the amount will be forfeited to the State or will be disbursed on the basis of the findings arrived at on the basis of the appreciation of evidence. In case the complainant is unable to prove the allegations or benefit of doubt is given to the petitioner, the amount will be released to the petitioner after the trial. November 8, 2011 (M.M.S.BEDI) sanjay JUDGE