IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-31350 of 2010 Date of decision: March 11, 2011. Rattan Singh ...Petitioner v. State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Vivek Khatri, Advocate, for the petitioner. Shri Gurvinder S Sandhu,Assistant Advocate General, Haryana. Kanwaljit Singh Ahluwalia , J. (Oral): Present petition has been filed under Section 438 of the Code of Criminal Procedure for the grant of pre-arrest bail in case FIR No.20 dated 3.9.2009 registered at Police Station State Vigilance Bureau, Gurgaon, under Sections 409, 420, 467, 468, 471, 120-B IPC and 13(1)(d) of the Prevention of Corruption Act. A Coordinate Bench, on November 01, 2010, had passed the following order:- “The Petitioner apprehends arrest in a case registered at the instance of State Vigilance Bureau, Gurgaon, alleging that the petitioner in connivance with the District Education Officer had misappropriated the money. Counsel for the petitioner submits that the petitioner is a private contractor and he had taken the construction work of the school building under the orders of officers of the Education Department. He has already received the payment. Embezzlement, if any, may be attributed to the officials of the Education Department. Notice of motion for 09.11.2010. Meanwhile, an interim direction is issued that the petitioner will join the investigation and in case of petitioner Crl. Misc. No.M-31350 of 2010 -2- doing so, he shall be released on interim bail to the satisfaction of the Arresting Officer.” Counsel for the State, on instructions from Inspector Ram Kishan, states that the petitioner has joined the investigation. Whether the petitioner has embezzled the amount or not, would be determined during trial. It is not in dispute that entire case of the prosecution is dependent upon documents which are in custody of the government officials. Hence, custodial interrogation of the petitioner may not be required, especially when the petitioner has joined the investigation. Thus, order dated November 01, 2010 is affirmed. In the event of arrest, the petitioner shall be released on bail by the Investigating Officer. After completion of investigation, on submission of report under Section 173 Cr.P.C., the trial court shall permit the petitioner to file regular bail bonds. Disposed of. [Kanwaljit Singh Ahluwalia] March 11, 2011. Judge kadyan