ANIL BHATIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is this petition filed under Section 438 of the Criminal Procedure Code seeks extension of time which was granted vide order dated 17.7.1997 passed in Cr.M. No. 13702 -M/1997 wherein anticipatory bail granted to the petitioner on 4.7.1997 was made absolute with the direction that Investigating Officer to file an application for police remand if he considers it proper and the learned Magistrate would decide it on merits and further the petitioner was directed to cooperate with the police and remain present in the police station or before a Judicial Magistrate whenever so required by the police with prior notice to him in writing.

(2.) THE contention of the State is that the petitioner was not available at the time when they want to intimate him in order to join the investigation and as such, the petitioner is not cooperating the Investigating Officer. But no record has been produced to show that any notice was given to the petitioner in writing to appear before the Judicial Magistrate or before the Investigating Officer. It was on 13.11.1997, petitioner's wife was informed that petitioner was required to join investigation on 20.11.1997 and when he did not do so, application was moved before the Illaqa Magistrate and the Court issued arrest Warrant for 22.12.1997.

(3.) THIS is a case of alleged misappropriation of Rs. 5,05,000/ - and the Investigating Officer has not acted with promptness inasmuch as it informed the petitioner much later. No notice in writing was given to the petitioner to join the investigation and, therefore, it cannot be said that the petitioner was at fault in not joining the investigation. I, therefore, keeping in view the facts and circumstances of the case, direct the petitioner through his counsel to be present before the Investigating Officer on 3.2.1998 at 10.00 a.m. and the Investigating Officer is directed to complete the investigation on day -to -day basis till the investigation is completed. If the petitioner fails to join the investigation, Investigating Agency is at liberty to file an application before the Illaqa Magistrate for remand. In the event of the arrest, petitioner shall be released on bail to the satisfaction of the Arresting Officer. Petitioner is directed not to leave Ludhiana till the investigation is completed. If the petitioner wants to leave Ludhiana, he may take prior permission of the Investigating Agency in writing. Copy of this order be given dasti under the signatures of the Court Secretary. Ordered accordingly.