Cr.MMP(M) 233 of 2010 9.4.2010Present: Mr. H.K. Paul, Advocate, for the petitioner. Mr. Anshul Bansal, Addl. AG, for the respondent. Petitioner is apprehending his arrest in FIR No. 99 of 2008, registered on 19.9.2008, under Section 3 of the H.P. Prevention of Specific Corrupt Practice Act, 1983, as such instant application under Section 438 of the Code of Criminal Procedure has been filed. Prosecution case in brief is that the petitioner, who was Naib Tehsildar, in the year 2005 in connivance with Patwari and other rival party, who had contested the election of the Panchayat Pradhan is alleged to have got entered Rapat No. 109 with respect to the ejectment of encroached government land, encroached upon by Shri Chuni Lal so as to debar him contesting the Panchayat election. Petitioner stands retired on 30th September, 2006. According to Shri A.K. Bansal, Addl. Advocate General, it has come during the investigation that some written order was issued by the petitioner to the Patwari for incorporating the incorrect report in the Rojnamcha to give benefit to the rival group in election. But, if there is any such written order that must be available on the official record. Therefore, in view of this custodial interrogation is not required. The apprehension of arrest of the petitioner is not unreasonable. Accordingly his bail application is -2- allowed. Interim bail granted on 29.3.2010 is hereby confirmed on the same terms and conditions with a further direction that he shall join the investigation as and when called by the Police by issuing a Hukamnama and shall present in the court and when required. The application stands disposed of. April 9, 2010 (Surinder Singh),J (cm)