PC ACT-Factum of petitioner being related to government official cannot be ground in itself for seeking custodial interrogation: P&H HC

Read Order: Lalit Mohan Sharma v. State of Haryana

Tulip Kanth

Chandigarh, October 7,2021: The Punjab and Haryana High Court has granted interim bail in a case pertaining to an FIR under Sections 409 and 120-B of IPC, 1860 and Section 13 of Prevention of Corruption Act, 1988, registered at Police Station Sadar Ballabgarh, District Faridabad.

Herein, a civil dispute regarding payment of amounts due for the works done had been given the colour of a criminal offence. The petitioner was alleged to have got issued two cheques totalling Rs.54 lakhs in connivance with his sister who was the then BDPO, but the said cheques were dishonoured. 

In the earlier Order of this Court, it was held that the petitioner was entitled to be paid the said amount and his claim was supported by the measurement book and other documents on record. This could be confirmed during investigation. 

It was also ordered that no recovery was to be effected from the petitioner and thus, his custodial interrogation was not necessary.

The petitioner was directed to join investigation with the Investigating Officer on May 20,2021, and cooperate therewith and it was ordered that in the event of his arrest, he shall be released on interim bail to the satisfaction of the Investigating Officer/SHO concerned subject to his compliance of the conditions enshrined under Section 438(2) Cr.P.C. 

Now, on September 10 ,2021, State counsel on instructions submitted that more invoices were required and some of the invoices produced were not matching. The petitioner was directed to again join the investigation within a week and thereafter as and when called for.

State Counsel vehemently contented that the petitioner had joined the investigation but he is real brother of BDPO, on this ground his custodial interrogation was required.

On this issue Bench of Justice Avneesh Jhingan opined that the factum of the petitioner being related to government official cannot be a ground in itself for seeking custodial interrogation.

The Bench also made absolute the interim bail granted on May 12,2021.