Criminal Misc. No. M- 10911 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M- 10911 of 2009 Date of Decision: 8.5.2009 Rakam Singh …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Jagdeep S. Virk, Advocate for the petitioner. Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, for the State. Mr. Jayoti Parshad Sharma, Advocate for the complainant. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been preferred under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioner in case FIR No. 156 dated 30.3.2009 registered at Police Station Nissing, District Karnal, under Sections 406 & 166 IPC. On 23.4.2009, this Court had passed the following order:- “Counsel has stated that vide Annexure P- 1, entire record was handed over to Raj Rani, officiating Sarpanch. Case of the petitioner is that he was duly Criminal Misc. No. M- 10911 of 2009 2 elected as Sarpanch. Since he was opposed by the MLA of ruling party, he was dismissed from the office of Sarpanch. Appeal filed by him was also dismissed. Therefore, counsel for the petitioner has urged that it is a case of political vendetta. Counsel has further brought to my notice that search warrants were obtained and his house was searched on 8th March, 2009, 13th March, 2009 and on 17th March, 2009. Counsel has contended that this all has happened on the eve of coming Lok Sabha elections to browbeat the petitioner, who was duly elected by electorate of the village as Sarpanch. At this stage, Mr. J.P.Sharma has caused appearance for Raj Rani, Present Sarpanch. He has stated that signatures of Raj Rani were obtained on blank papers, therefore, Annexure P-1 wherein it is recorded that entire record has been handed over by the terminated Sarpanch, is not a document executed knowing fully well its import. Issue notice of motion to AG Haryana for 8th May, 2009. In the event of arrest, petitioner shall be released on interim bail to the satisfaction of the arresting officer. However, petitioner shall join investigation as and when called for. Petitioner shall abide by the conditions specified under Section 438 Criminal Misc. No. M- 10911 of 2009 3 (2) Cr.P.C.” Counsel for the State and complainant have stated that Raj Rani, Officiating Sarpanch had signed Annexure P1 in good faith but no record was received. In view of this, custodial interrogation of the petitioner is not required, as petitioner had discharged the onus of handing over of the record, by proving, execution of Annexure P1 by the Officiating Sarpanch. Accordingly, pre-arrest bail granted to the petitioner, vide order dated 23.4.2009 passed by this Court, is affirmed till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C. petitioner shall furnish regular bail-bonds to the satisfaction of the Court concerned. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge May 8, 2009 “DK”