- (1.) This is a petition under section 438 Cr.P.C. seeking prearrest bail in a case registered against the petitioner under Sections 409, 420 & 120-B IPC at Police Station Fatehgarh Sahib, District Fatehgarh Sahib, vide FIR No.55 dated 21.4.2012.
(2.) Learned counsel for the petitioner has argued that petitioner who was posted as Registration Clerk, was merely performing duties assigned to him. He has been implicated on the basis of suspicion. He had no role to play and had nothing to gain from the transaction. He is, thus, entitled to concession of pre-arrest bail.
(3.) Learned State counsel has opposed the prayer. He submits that petitioner is one of the main accused in the case. While posted as Registration Clerk in the office of Sub Registrar, Fatehgarh Sahib, he deliberately deposited less amount of stamp duty though entire amount payable was received from the party. The booty was thereafter shared by the petitioner alongwith other officials in the department. According to him, a statement of Ramesh Kumar Patwari had been recorded by the investigating agency. He had stated that all the necessary notes were made in the Jamabandis and even the order passed by the High Court on 30 th January, 2009 was referred to. However, while making a Photostat copy of Jamabandi, parties had concealed the note by placing a plain paper over the relevant part. Thus, they had acted in collusion with each other. He submits that custodial interrogation of the petitioner is required.;