IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO.M 33371 of 2008 DATE OF DECISION :2.2.2009 Suraj Singh Brar ......PETITIONER VERSUS State of Punjab ......RESPONDENT PRESENT: Mr.BS Sidhu, Advocate Ms. Rajni Gupta, DAG, Punjab M.M.S.BEDI,J. The petitioner, in the capacity as a Government official working as a BDPO is alleged to have misappropriated the government funds. He, pursuant to the interim directions passed by this court, has joined the investigation. A perusal of the police record indicates that the act of criminal liability has arisen out of his official functioning. It will also be a moot point during trial whether the provisions of Section 197 Cr.P.C. would permit the taking of cognizance against the petitioner. Accordingly, the petition is allowed and it is ordered that in case of arrest of the petitioner, he will be admitted to bail to the satisfaction of the arresting officer subject to the condition that he will appear before the investigating officer as and when required by the police and will not tamper with evidence or hamper the investigation at any stage. In case the petitioner is found to conceal any relevant documents and refuses to hand over the relevant record, in his possession, to the police, it will be open to the prosecution to seek cancellation of bail. February 2 ,2008 ( M.M.S.BEDI ) TSM JUDGE