Bail application filed by a public prosecutor accused of accepting a bribe. Court granted bail noting investigations concluded and custody duration, without commenting on merits.
Petitioner released on regular bail to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Sirsa.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-13611 of 2015 Date of decision : May 04, 2015
Mahender Kumar Aggarwal
....Petitioner
versus
State of Haryana
....Respondent
Coram: Hon'ble Mr. Justice Fateh Deep Singh
Present : Mr. KS Dhaliwal, Advocate, for the petitioner Mr. Munish Sharma, AAG Haryana
Fateh Deep Singh, J. (Oral)
The allegations against Mahender Kumar Aggarwal in this regular bail application are that on 17.3.2015 he was caught red handed while accepting bribe money of Rs 7000/- from the complainant for favouring him in a criminal case while working as A.D.A.
The contentions of the counsel for the petitioner are that the recovery of the tainted money has already been made and that the investigations are over and which fact could not be controverted on behalf of the State though learned State counsel has stoutly and with vehemence opposed the grant of bail on the grounds that the petitioner is a Public Prosecutor and would have its own repercussions on the administration of justice.
DALBIR SINGH TIWANA 2015.05.04 15:27 I attest to the accuracy and authenticity of this document High Court, Chandigarh
Criminal Misc. No. M-13611 of 2015
-2-
Without commenting on the merits and having regard to the fact that the petitioner is in custody since one and a half months and the trial is not likely to be concluded in near future and no useful purpose will be served by retaining the petitioner in jail. Accordingly, he is ordered to be released on regular bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Sirsa.
The present petition stands disposed off accordingly.
May 04, 2015 'tiwana'
( Fateh Deep Singh ) Judge
DALBIR SINGH TIWANA 2015.05.04 15:27 I attest to the accuracy and authenticity of this document High Court, Chandigarh
1 issue framed by the court
Whether regular bail should be granted to a public prosecutor accused of taking a bribe when investigations are concluded and he has been in custody for one and a half months.
Mahender Kumar Aggarwal
State of Haryana
Fateh Deep Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
