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.34 dated 20.10.2011 under Section 7 of Prevention of Corruption Act, 1988, registered at Police Station S.V.B. Gurgaon.
(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 21.02.2012 passed the following order:- Contends that petitioner is a lady and that though there are allegations that she demanded `15,000/- for clearing a file and, however, she submitted the file before her Officer, i.e., Superintending Engineer on the same day, on which date it was received by her and she being a Clerk was not competent to pass any order on the said file. Further contends that as per own version of prosecution, though trap was laid and, however, no bribed money was accepted by the petitioner and rather the file was kept by the Superintending Engineer with him for a period of ten days, i.e.,upto 24.10.2011, on which date, he passed the order and hence, it is contended that there was no delay on the part of the petitioner. Notice of motion to Advocate General, Haryana, for 15.3.2012. However, in the meantime, petitioner is directed to join the investigation and in case she is arrested, she 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. It has been contended by learned counsel for the petitioner that she has already joined the investigation pursuant to said order dated 21.02.2012.
(3.) IT has also been stated by learned counsel for the State on the instructions of DSP Satyawati that petitioner has joined the investigation & that she is no more required for any custodial interrogation.;