Crl.M.No.M-30788 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-30788 of 2010 (O&M) Date of Decision: November 17, 2010 Joginder Singh Godara .....Petitioner v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.K.S.Nalwa, Advocate for the petitioner. Mr.P.M.Anand, Addl.A.G., Haryana. Mr.Shiv Kumar, Advocate for the complainant. ...... RAM CHAND GUPTA, J.(Oral) The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in FIR No.18, dated 19.7.2010, registered under Sections 7 and 13 of the Prevention of Corruption Act, 1988, at Police Station SVB Gurgaon, District Gurgaon. I have heard learned counsel for the parties and have gone through the whole record carefully. This Court while issuing notice of motion on 15.10.2010, passed the following order: “Crl.M.No.55052 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-30788 of 2010 Contends that petitioner was exercising his duties as Excise and Taxation Officer and even as per case of complainant, raid was conducted and 254 cartons of Pepsi without bill were found at the premises of complainant, which were being unloaded from a vehicle. Further contends that petitioner issued show cause notice, Annexure P4, duly signed by the complainant, issued to him at the spot. After imposing Crl.M.No.M-30788 of 2010 (O&M) -2- penalty he was called in the office to make the payment of two separate amounts of Rs.16,400/- and 25,100/-. Further contends that co-accused had accepted Rs.41,500/- and have issued two receipts for the same, and however, one receipt has been intentionally with-held by the police, whereas both the receipts were handed over by the co-accused during the raid. Notice of motion for 17.11.2010. However, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.” It has been stated by learned counsel for the petitioner that pursuant to the said order, the petitioner has already joined the investigation. It has been stated by learned State counsel as well, on instructions from Inspector Jagat Singh, SVB Gurgaon, that the petitioner has joined the investigation and that he is no more required for any custodial interrogation by the police. The present application is not opposed on behalf of the State, however, the same has been opposed by counsel for the complainant. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. In view of these facts and without expressing any opinion on the merits of the case, order dated 15.10.2010, granting interim bail to petitioner-Joginder Singh Godara, is, hereby made absolute subject to the compliance of conditions contained in Section 438(2) Cr.P.C. The present petition stands disposed of accordingly. 17.11.2010 (Ram Chand Gupta) meenu Judge