RAM PURSHOTAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) According to the FIR, which has been lodged by Chief Judicial Magistrate, Kaithal, in a file pertaining to an enquiry on a complaint filed by one Jai Veer against Suraj Bhan, Judgment Writer, which was in custody of petitioner Ram Purshotam, Clerk of the Court, a letter dated 9.12.2005 was missing. The said letter was quite material for the enquiry and the same appeared to have been stolen or destroyed by some mischievous person.

(2.) Since the file was in custody of the petitioner, he is sought to be arrested on the allegation of theft. Counsel for the petitioner submits that at best, an adverse inference can be drawn against the petitioner for the missing letter in a departmental enquiry, but arrest of the petitioner on this charge is not called for; he will join investigation and face proceedings in accordance with law.

(3.) 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.