Criminal Misc. No. M-23268 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: November 17, 2009 (1) Criminal Misc. No. M-23268 of 2009 (O&M) Raj Kumar Yadav .. Petitioner v. State of Haryana and others .. Respondents (2) Criminal Misc. No. M-25467 of 2009 (O&M) Joginder Singh .. Petitioner v. State of Haryana .. Respondent (2) Criminal Misc. No. M-26518 of 2009 (O&M) Vijay Singh .. Petitioner v. State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Vikram K. Chaudhary and Mr. Arun Yadav, Advocates for the petitioner in Criminal Misc. No. M-23268 of 2009. Mr. Baldev Singh, Senior Advocate with Mr. Saurabh Singh, Advocate for the petitioner in Criminal Misc. No. M-25467 of 2009. Mr. Akshay Bhan, Advocate for the petitioner in Criminal Misc. No. M-26518 of 2009. Ms. Ritu Punj, Deputy Advocate General, Haryana. Mr. Kamal Sehgal, Advocate for HSIDC. Criminal Misc. No. M-23268 of 2009 [2] Rajesh Bindal J. This order will dispose of above mentioned three petitions bearing Nos. M-23268, M-25467 and M-26518 of 2009. In Criminal Misc. No. M-23268 of 2009, petitioner- Raj Kumar Yadav prays for grant of anticipatory bail. In Criminal Misc. Nos. M-25467 and M-26518 of 2009, petitioners- Joginder Singh and Vijay Singh pray for grant of regular bail. All the aforesaid petitioners are accused in FIR No. 224 dated 1.8.2009, registered under Sections 286/336/188/379/120-B/34 IPC and 7 and 13 (1) of the Prevention of Corruption Act, 1988, Police Station, Tosham, District Bhiwani. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the case. There is no material with the investigating team connecting the petitioners with the crime. It is only the statements of the co- accused to the effect that they have been paying certain money to Vijay Kumar Godara, which was being shared by many persons. Challan in the present case has already been presented against the petitioners, which necessarily means that investigation of the case is already over and custody of the petitioners is not required any more. Further, referring to various letters placed on record, it is sought to be pointed out that in fact regularly the illegal mining in the area by some unscrupulous persons was being brought to the notice of higher authorities and also the police. In fact, on a number of occasions, even penalities were imposed. The defaulters' list thereof is also attached with the petition as Annexure P-22. The amount of penalty imposed is ranging from Rs. 5,000/- to Rs. 1,00,000/-. It was further submitted that in a number of cases, even FIRs were registered earlier against the accused for illegal mining. The effort to implicate the petitioners falsely in the case is evident from the fact that challan has only been presented against the petitioners and not other accused named in the FIR, though they were arrested on the spot and released on bail by the trial court. Learned counsel for petitioner- Raj Kumar Yadav has further pointed out that even the FIR. Even in question was registered on a telephone call by the petitioner. Had the petitioner been involved in the case, there was no question of his intimating the police about the illegal mining. In case of petitioner-Joginder Singh, it was pointed out that he is not even named in the FIR. In the remand application of other accused, he is not named. After his arrest, no recovery was effected. Though challan has been presented against the petitioner, but there is no evidence as such. Criminal Misc. No. M-23268 of 2009 [3] In case of petitioner- Vijay Singh, it was submitted that he was merely working as Project Manager (Mining) with HSIIDC. The check points had been put in by the State Authority. There was collection of cash at the spot. HSIIDC was lessee of the mines for a very short period. Six persons, who were named in the FIR, have not even been challaned. Though a case was sought to be built up that he had kept his ill-gotten money with his in laws, but no recovery was effected. It is also emphatically submitted that in the recent past, after the petitioners had taken over, the collection of royalty from mining increased manifold which necessarily means that the petitioners had been doing best possible efforts to see that there is no illegal mining in the area. As the investigation of the case is already complete and even challan has also been presented and the trial will take long time, the petitioners deserve the concession of bail. On the other hand, learned counsel for the State submitted that it is a case where the raid was conducted by Deputy Superintendent of Police, CM Flying Squad, as it came to the notice that certain illegal mining was being carried out in the area. The FIR was registered on 1.8.2009. It is stated that though challan has been presented against the officers, but the investigation of the case is still going on and the loose ends are sought to be connected. Considering the seriousness of allegations, the matter was transferred to be investigated by CID (Crime) on 6.8.2009. However, what transpired at the time of hearing is quite disturbing. A high-powered meeting under the chairmanship of Hon'ble Chief Minister was held on 26.5.2009, in which various steps were required to be taken to check illegal mining, but practically no step was taken. It also transpired that though the officers had been provided jeeps to check illegal mining, but those were without any drivers. Telephone had been provided only in the form of landline in the office of District Manager, District Industries Centre. The factum of imposition of penalty in a number of cases earlier, as pointed out by learned counsel for the petitioners and registration of FIRs earlier have also not been disputed. However, it is sought to be argued that considering the seriousness of allegations, custodial interrogation of petitioner- Raj Kumar Yadav is required and petitioners-Joginder Singh and Vijay Singh, who have already been arrested, be not released on bail. Heard learned counsel for the parties and perused the paper books. The undisputed facts are that though the FIR was registered on 1.8.2009 and as is sought to be claimed by the State, the matter being sensitive was referred to CID (Crime) for investigation on 6.8.2009, but till date except the statements of the co-accused, who were caught at the spot, there is no material Criminal Misc. No. M-23268 of 2009 [4] connecting the petitioners with the crime. Even the challan has also been presented against the officers only and not the persons, who were arrested from the spot. A strange plea is sought to be raised regarding the pendency of the investigation though the challan has been presented. The fact that petitioner- Raj Kumar Yadav has joined the investigation is not disputed. As regards other two petitioners, namely, Joginder Singh and Vijay Singh, they are in judicial custody since 2.8.2009. Considering the aforesaid facts, in my opinion, the petitioners have been able to make out a case for bail on merits. Accordingly, as far as petitioner- Raj Kumar Yadav is concerned, the interim bail granted by this Court on 1.9.2009 is made absolute. As far as petitioners- Joginder Singh and Vijay Singh are concerned, they are directed to be released on bail pending trial on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Bhiwani. The petitions stand disposed of. (Rajesh Bindal) Judge November 17, 2009 mk