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2023 DIGILAW 317 (PNJ)

Shivani v. State of Haryana

2023-01-20

GURVINDER SINGH GILL

body2023
JUDGMENT Gurvinder Singh Gill, J. - The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.32, dated 13.9.2022, Police Station State Vigilance Bureau, Karnal, under Sections 12, 13(1)(b) and 13(2) of of Prevention of Corruption Act, 1988. 2. At the time of granting interim bail to the petitioner, the following order was passed on 12.12.2022: 'This is a petition seeking anticipatory bail in FIR No. 32 dated 13.9.2022, under Sections 12, 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the Act') registered at Police Station Vigilance Bureau, Karnal. As per the case set up, husband of the petitioner was posted as District Town Planner, Karnal. FIR No. 4 dated 11.3.2022, under Sections 7, 7-A and 13 of the Act (Sections 420, 467, 468, 471, 120-B IPC and Section 81 of Registration Act, 1908 and Sections 17-A, 13(1)(b) read with Section 13(2) of the Act added subsequently) lodged at Police Station State Vigilance Bureau, Karnal Division was registered against him for amassing wealth disproportionate to known sources of income. He was granted regular bail by this court on 24.8.2022. Off-shoot of that FIR is the present FIR registered for the same allegations. The role attributed to the petitioner is that four properties and two insurance policies were taken in her name. Learned counsel for the petitioner submits that the petitioner is a government employee and is posted as Assistant Town Planner, Panchkula. He further submits that the properties were purchased by her husband, she had contributed from her savings and the payments were made through banking channel. The contention is that the petitioner volunteers to hand over the bank details, books of accounts and the modes of payments. Learned counsel for the State on instructions from DSP Narinder Kumar, SVB, Karnal opposes the prayer for grant of anticipatory bail, however is not disputing the fact the only role attributed to the petitioner in this FIR is that her husband had purchased properties and taken insurance policies in her name. Without commenting on the merits of the case and considering that prima facie the allegations against the petitioner are based upon documentary evidence; the petitioner being a government employee there is no chance of her absconding and she volunteers to hand over bank details and books of account, the petitioner is granted interim bail subject to his joining investigation within a week. In the event of arrest, she shall be released on bail subject to her furnishing adequate bail bonds to the satisfaction of the Investigating Officer. She is directed to join the investigation as and when called for. She shall abide by the conditions as envisaged under Section 438(2) Cr.P.C. List on 20.1.2023. ' 3. Learned State counsel, upon instructions from DSP Narender Kumar, has informed that pursuant to interim directions, the petitioner has since joined investigation and she is not required for any custodial interrogation. It has also been informed that the petitioner is not involved in any other case. 4. Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation and otherwise enjoys a clean record, the petition is accepted and the interim directions issued by this Court vide order dated 12.12.2022 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.