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2019 DIGILAW 2131 (PNJ)

Avtar Singh v. State Of Punjab

2019-07-24

SHEKHER DHAWAN

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JUDGMENT : Shekher Dhawan, J. Present petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 84 dated 19.03.2019 (Annexure P/1) under Section 7 of the Prevention of Corruption Act, 1988 (for short, "the Act") registered at Police Station Division No.8, District Ludhiana. 2. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in this case as he never demanded or accepted any bribe money from the complainant. The Investigating Officer of the case, namely, Jaswant Singh has already been granted concession of anticipatory bail in the present case vide orders dated 22.4.2019 passed by this Court in CRM-M-16311-2019. Even the State of Punjab had also filed petition seeking cancellation of bail granted to said Jaswant Singh vide CRM-M-26272-2019 and the said petition stands dismissed by this Court vide orders dated 12.7.2019. Nothing is to be recovered from the petitioner and he is ready to join the investigation. 3. Learned State counsel contended that in view of the seriousness of allegations against the petitioner, he is not entitled for concession of anticipatory bail. 4. Having considered the submissions made by learned counsel for the parties and appraisal of record of this case file, this Court is of the considered view that as the co-accused of the petitioner, namely, Jaswant Singh has already been granted concession of anticipatory bail in the present case vide orders dated 22.4.2019 passed by this Court in CRM-M-16311-2019, it will not be appropriate to deny the concession of anticipatory bail to the petitioner, who is a co-accused in this case. 5. Resultantly, the present petition stands allowed and the petitioner is directed to join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr. P.C. In the event of his arrest, the petitioner is ordered to be released on pre-arrest bail on his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. 6. The petition stands allowed in the above terms.