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SMT.PATASI DEVI versus STATE OF HARYANA

High Court of Punjab and Haryana, Chandigarh

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SMT.PATASI DEVI v. STATE OF HARYANA - CRM-56235-2005 [2006] RD-P&H 305 (23 January 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

CRL. MISC. NO. 56235-M OF 2005

DATE OF DECISION: 14.2.2006

SMT.PATASI DEVI

...PETITIONER

VERSUS

STATE OF HARYANA

...RESPONDENT

CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
PRESENT: Mr Gorakh Nath, Advocate,

for the petitioner.

Mr Rameshwar Malik, Addl. AG, Haryana.

-----

ORDER:

On 10.1.2006, the following order was passed:- "Allegation against the petitioner is that while acting as Sarpanch, she misappropriated the funds.

Learned counsel for the State explains that not taking action against Panchayat Secretary and Junior Engineer, cannot be taken in favour of the petitioner, as Junior Engineer and Panchayat Secretary were not involved, according to the stand of the State. Learned counsel for the State also suggested that view-point of the petitioner can be considered by the SDO (Civil), Narnaul, who can submit a report to this court.

As suggested by the learned counsel for the State, SDO (Civil), Narnaul, will hear the petitioner and submit his report to this court before the next date.

List again on 14.2.2006.

A copy of this order certified by Reader of this Court be given to the learned counsel for the State."

Counsel for the State says that SDO (Civil) has not heard the petitioner and has not given any report about the present allegations.

Counsel for the petitioner states that the petitioner is willing to deposit a sum of Rs.30,000/- to show his bona fide. The amount will be deposited with the Sub Divisional Officer (Civil), Narnaul, within one month from today and will abide by such further direction as may be issued in any proceedings and the amount will be kept in deposit for a period of two years.

If during the said period, no direction is issued for recovery of the said amount, the petitioner will be at liberty to withdraw the same. The deposit will be without prejudice to rights and contentions of the parties.

It is submitted that in view of the above, arrest of the petitioner is not called for at this stage and the petitioner will join investigation and face proceedings in accordance with law.

Without expressing any final opinion on merits, the petitioner is granted anticipatory bail till conclusion of investigation or three months whichever is later during which the petitioner will be free to apply for regular bail to the concerned court in accordance with law.

In the event of arrest, the petitioner will be released on bail on furnishing bail bonds to the satisfaction of the arresting officer within two weeks from today on the conditions that the petitioner will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; she will not interfere with the prosecution evidence directly or indirectly; she will not leave the country without the previous permission of the court; she will associate with the investigation as and when called by the police and that she will surrender the passport, if any.

The petition is disposed of accordingly.

February 14, 2006 ( ADARSH KUMAR GOEL )

sanjeev JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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