DHARAMPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioner, Dharampal, son of Hari Ram, who has been booked for having committed the offences punishable under Sections 420, 409, 465, 467, 468, 471, IPC, and Section 13(1)(C) of the Prevention of Corruption Act, in FIR No. 130, dated 15.6.2009, registered at Police Station, Kanina, District Mahendergarh.

(2.) The brief facts of the case are that the petitioner was the Secretary of the Gram Panchayat of village, Kheri, Block Kanina, District Mahendergarh. At that time, Ram Niwas was the Sarpanch of the said village. During his tenure, Ram Niwas, Sarpanch, had withdrawn a huge amount from the account of the Panchayat. On the basis of the said broad allegations, the case was registered against Ram Niwas, Sarpanch, and the petitioner. The petitioner was informed several times to join the investigation but he intentionally avoided his service.

(3.) Learned counsel for the petitioner contends that during the pendency of the investigation, the petitioner applied for grant of anticipatory bail before this Court and the said prayer was accepted vide order dated 13.7.2010. He further submits that the police never issued any notice to the petitioner for joining the investigation, therefore, the petitioner thought that he was declared innocent. He further submits that the charge sheet was submitted by the prosecution without any information to the petitioner, therefore, he did not appear before the learned Court below. He further submits that even notice was never received by the petitioner from the learned Trial Court, therefore, there was no occasion for the petitioner to appear before that Court. He further submits that even otherwise the petitioner was arrested on 22.4.2012 and for the last about four months he is behind the bars and no more required for any other purpose.