Criminal Misc. No. M- 11764 of 2009 v. State of Punjab

CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Amandeep Singh Manaise, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. 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. 64 dated 22.3.2009 registered at Police Station Dinanagar, District Gurdaspur, under Sections 409 IPC. On 30.4.2009, this Court had passed the following order:

Counsel has submitted that petitioner is an elected Sarpanch. As per the case in FIR, on 7th March, 2009, he had withdrawn Rs.2,33,250/- from the pension account. Counsel has further submitted Criminal Misc. No. M- 11764 of 2009 2 that on learning that on 3rd March, 2009, code of conduct, prescribed by the Election Commission, has come into force, he has not distributed the pension and deposited the amount back in the account on 20th March, 2009. Counsel has further submitted that petitioner is a staunch Congress-man and is being haunted by the ruling party in the present Lok Sabha election. Counsel has submitted that it is a case of political vendetta. Issue notice of motion for 8th May, 2009. In the event of arrest, petitioner shall be released on interim bail to the satisfaction of the arresting officer. However, petitoner shall join investigation as and when called for. Petitioner shall abide by the conditions specified under Section 438 (2) Cr.P.C.

Counsel for the State, on instructions from Tara Singh, Head Constable, stated that petitioner has joined investigation and his custodial interrogation is not required. In view of the statement made by counsel for the State and order dated 30.4.2009 passed by this Court, interim pre-arrest bail granted to the petitioner 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. Criminal Misc. No. M- 11764 of 2009 3 With the observations made above, the present petition is disposed off. May 8, 2009 “DK” (Kanwaljit Singh Ahluwalia) Judge