CRM No. M-9989 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-9989 of 2011 (O&M) Date of decision: 07.04.2011 Uttambir Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. G.S. Bhatia, Advocate, for the petitioner. Mr. K.D. Sachdeva, Addl. A.G., Punjab. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) This is an application seeking anticipatory bail in case FIR No.8 dated 10.3.2011 under Sections 7, 13(2) of the Prevention of Corruption Act, Police Station Vigilance Bureau, Amritsar. This Court 1.4.2011 has passed the following order: - “Learned counsel for the petitioner states that petitioner has never demanded any bribe nor was found accepting any bribe. Learned counsel further contends that concocted story that petitioner ran away from the spot when raiding party reached, does not inspire confidence. Learned counsel further contends that whether petitioner ever demanded `5,000/- as bribe to carry out the mutation is a matter of evidence for which custodial interrogation is totally unjustified. Learned counsel further contends that mutation in the name of father and uncle of the complainant had already been carried out, therefore, there was no occasion for the petitioner to demand bribe to carry out said mutation. Learned counsel for the petitioner while placing reliance on the judgment of the Apex Court in “Siddharam Satlingappa Mhetre versus State of Maharastra and others, 2011 (1) RCR CRM No. M-9989 of 2011 (O&M) -2- (Criminal) 126, has argued that irrational and indiscriminate arrest must be avoided. He undertakes that petitioner shall join investigation as and when he is required by the Investigating Officer. Notice of motion for 7.4.2011. Meanwhile, it is directed that in the event of arrest of the petitioner, he shall be released on bail on furnishing his personal bonds and one surety of `20,000/- to the satisfaction of the Arresting Officer, subject to the conditions provided under Section 438 (2) of the Code of Criminal Procedure. Petitioner shall participate in the investigation as and when he is required.” Mr. K.D. Sachdeva, learned Additional Advocate General, Punjab, on the instructions of Inspector Jasbir Singh, who is personally present in the Court, states that petitioner has not joined the investigation as yet. Learned counsel for the petitioner Mr. G.S. Bhatia, vehemently stated that petitioner has first gone to Amritsar, but he was directed to go to Tarn Taran to join the investigation; thereafter petitioner went to Tarn Taran on 5.4.2011, but he was not allowed to join the investigation. Learned counsel further states that petitioner shall join the investigation as per the direction of the Investigating Officer. Learned Additional Advocate General, Punjab, on the instructions of Inspector Jasbir Singh, states that petitioner can join the investigation at Tarn Taran within a week from today and on his joining the investigation, he shall be released on bail pursuant to the order dated 1.4.2011. Considering totality of the facts and circumstances of the case, petition is allowed. Order dated 1.4.2011 is made absolute, subject to the following conditions mentioned under Section 438(2) Cr.P.C.: - i) that he shall make himself available for CRM No. M-9989 of 2011 (O&M) -3- interrogation by a police officer as and when required; ii) that he shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; iii) that he shall not leave India without the previous permission of the Court. However, it is clarified that petitioner shall keep on co- operating in the investigation and if he fails to do so, Investigating Officer shall be at liberty to get the bail cancelled. (Alok Singh) Judge April 07, 2011 R.S.