Criminal Misc. No. M-55080 of 2007 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-55080 of 2007 Date of Decision: 6.8.2008 Puroshotam Dass Arora …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. H.R.Nohria, Advocate for the petitioner. Mr. Sunil Nehra, Assistant Advocate General, Haryana, for the respondent-State. Kanwaljit Singh Ahluwalia, J. (Oral) A Co-ordinate Bench of this Court on 21.1.2008 has passed the following order:- “Present: Mr. H.R.Nohria, Advocate Mr. Partap Singh, Sr. DAG, Haryana. This is a petition under Section 438(2) of the Code of Criminal Procedure praying for release of the petitioner on bail in terms thereof. Allegations against the present petitioner are that he had given instructions for the release of the amount, which was on the basis of forged voucher. It was contended by learned counsel for Criminal Misc. No. M-55080 of 2007 2 the petitioner that forgery, in fact, was conducted by Shiv Shankar and Subhash Goyal and the petitioner, in fact, had nothing to do with the commission of the offence and that he had only passed instructions for release of the amount on the basis of vouchers, which he believes to be correct. On the other hand, counsel for the State contended that the petitioner's complicity stands established on the basis of the report of the Sub Divisional Magistrate, who had conducted inquiry into the matter. I have heard learned counsel for the parties. Having regard to the fact that co-accused of the petitioner has been released on regular bail and that the petitioner was not attributed the role of effecting the forgery on the basis of which, the amount in question was directed to be withdrawn on the instructions issued by the petitioner and that also the fact that primary allegations are against those two persons namely Shiv Kumar and Subhash Goyal, I deem it appropriate to direct that the petitioner be released on bail in the event of his arrest subject to the condition that he joins the investigation to the satisfaction of the Investigating Officer and continues to comply with the provisions Criminal Misc. No. M-55080 of 2007 3 of Section 438(2) Cr.P.C. Petitioner is directed to join the investigation on 28.1.2008 and present himself before the Investigating Officer. To come up for hearing on 5.3.2008. Sd/- (Mahesh Grover) Judge January 21, 2008” Thereafter, the petitioner was directed to join investigation. Mr. Sunil Nehra, learned Assistant Advocate General, Haryana, on instructions from Jagdish Singh, Assistant Sub Inspector, Police Station Economic Cell, Narnaul states that the petitioner has joined the investigation. On 29.4.2008, counsel for the petitioner has made a statement that no departmental inquiry is pending against the petitioner He was asked to file an affidavit. In response to that petitioner has filed Criminal Misc. No. 31442 of 2008 to pray that filing of affidavit be dispensed with as under the wrong impression the statement was made that petitioner is not facing any departmental inquiry. As prayed Crl. Misc. No. 31442 of 2008 is disposed off. At this stage, Mr. Sunil Nehra, learned Assistant Advocate General, Haryana, on instructions from Jagdish Singh, Assistant Sub Inspector, Police Station Economic Cell, Narnaul, states that the report under Section 173 Cr.PC.. after concluding the investigation shall be filed in the Court of competent jurisdiction within one month from today. Petitioner is granted pre-arrest bail till filing of the report under Section 173 Cr.P.C. Thereafter, based on the evidence and documents Criminal Misc. No. M-55080 of 2007 4 gathered by the prosecution, petitioner shall apply for the regular bail. Same shall be decided on merits. Needless to say fact that two co-accused of the petitioner, namely Shiv Kumar and Subhash Goyal have been granted regular bail may be a relevant argument available to the counsel for the petitioner at the time of arguments in the trial Court. With these observations, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge August 6, 2008 “DK”