- (1.) The petitioner after retirement was appointed as Chairman of the Haryana Public Service Commission on 31st July, 1991. In the year 1993 the Haryana Public Service Commission conducted a competitive examination for recruitment of HCS (Executive Branch) and Allied Services. Certain irregularities have been alleged in the conduct of the said examination. A civil writ petition bearing No. 8584 of 1994 was also filed in this Court highlighting a number of acts of omission and commission and several irregularities. It appears that during the pendency of the writ petition, the petitioner resigned from the post of Chairman, Haryana Public Service Commission on 30-6-1994. In the meantime the Haryana Public Service Commission also scrapped the said examination. In the writ petition a prayer was made for quashing the order scrapping the examination. Certain directions have been given in the said writ petition which has been disposed of on 8-1- 1995. The Supreme Court upheld the directions with certain modifications. Thereafter an FIR was registered in the year 1998 against the petitioner, Secretary, other Officers and employees of the Haryana Public Service Commission for the offences under Sections 468, 471, 477-A and 120-B I.P.C. Apprehending his arrest, the petitioner moved for anticipatory bail before the learned Sessions Judge, Rohtak on 23-12-1999 who granted an interim bail to the petitioner with a direction to him to join the investigation. The Investigating Officer recorded the statement of the petitioner on 28-12-1999 and the petitioner submitted his written statement on 3-1-2000. In the application for anticipatory bail before the Sessions Court at Rohtak, the Public Prosecutor submitted that the offences have been committed within the jurisdiction of the Special Judge, Karnal and Chandigarh and the prosecution would submit the challan against the accused either at Kamal or Chandigarh in the Special Court having jurisdiction. On this basis, the application for anticipatory bail was rejected by the learned Special Judge, Rohtak by his order dated 19-1-2000. Thereafter the petitioner moved an application under Section 438 Cr.P.C. in the Court of learned Sessions Judge, Karnal. During the course of the arguments in the said application, it was revealed that the statements of the complainant Kuldip Kumar and his father Pawan Kumar were recorded at Chandigarh in which an allegation of payment of bribe was made. The said application was disposed of by the learned Additional Sessions Judge, Karnal on 15-2-2000 with a liberty to the petitioner to file another application before the competent Court of jurisdiction at Chandigarh by directing the stay of arrest of the petitioner till 12-3-2000. Thereafter the petitioner moved an application before the learned Special Judge, Chandigarh who dismissed the application for anticipatory bail by an order dated 13-3- 2000. Hence the petitioner moved this application.
(2.) The allegations against the petitioner relate to the competitive examination for recruitment of HCS (Executive Branch) and Allied Services that took place in the year 1993. The petitioner also resigned from the post of Chairman on 30-6-1994. The FIR was registered in the year 1998. In fact the irregularities have been highlighted in the petition filed in this Court in the year 1994 itself. The petitioner has already been examined. The entire record has been seized and kept in sealed covers. The petitioner is aged about 66 years. The statement of the petitioner has already been recorded and he also filed his written statement. In these circumstances, there is no question of tampering the evidence. Since the petitioner has already joined the investigation and his statement has been recorded, there is no question of further interrogation of the petitioner. It cannot, therefore, be said that custodial interrogation is required at this stage.
(3.) Having regard to the facts and circumstances of the case, I direct the release of the petitioner on bail in the event of his arrest on condition of the petitioner executing a bond in the sum of Rs. 25,000/- with two sureties in the like sum to the satisfaction of the Investigating Officer and also on further condition that the petitioner shall make himself available to Investigating Officer for any further interrogation as and when required and he shall not leave Chandigarh without obtaining prior permission of the Chief Judicial Magistrate, Chandigarh and he shall not give any threat, promise or inducement to any of the witnesses.;