RAM CHAND GUPTA,J. - (1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no. 77 dated 06.05.2012, under Section 409 IPC, registered at police station DLF Phase-I, District Gurgaon, Haryana.
(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Gurgaon dismissing anticipatory bail application filed on behalf of the petitioner. This Court while issuing notice of motion on 31.05.2012 passed the following order:- "Crl.M.No.33498of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-16724 of 2012 Contends that petitioner was posted as Panchayat Secretary and that street lights were purchased as per resolution passed by Gram Panchayats of villages Bandhwari and Balola @ Baliawas and that payment was made by way of cheque to the dealer, which was signed by petitioner as well as Sarpanch of the Gram Panchayat. It is also contended that rates were also given even as per price list issued by State of Haryana, vide Annexure P3, and however, purchases were made by the Sarpanch as per resolution of the Gram Panchayat and petitioner was having no other option but to sign the cheque on the asking of the Sarpanch of the Gram Panchayat. Notice of motion to Advocate General, Haryana, for 25.7.2012. However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C."
(3.) IT has been contended by learned counsel for the petitioner that he has already joined the investigation pursuant to said order dated 31.05.2012.;