While granting interim anticipatory bail to Mohd Haroon, who is accused of cheating and criminal conspiracy, the Allahabad High Court expressed its concerns over the delay in investigating several cases being handled by the Economic Offences Wing (EOW).
A Single Bench of Justice Samit Gopal passed this order while hearing a Criminal Misc anticipatory bail application filed by Mohd Haroon.
The Court noted,
On 23.2.2024 following order was passed by another Bench of the Court:-
“It is an old matter of the year 2019. It is pointed out that, till date, investigation in the matter is going on. On putting a query in this regard, AGA submitted that he may be allowed some time to seek instruction in the matter from the Investigating Officer. Put up this case as fresh on 06.03.2024. On the next date, the Investigating Officer shall remain present before the Court along with the case diary and all details of this case to assist AGA Government Advocate shall also communicate this matter to the Director General of Police, UP, Lucknow.”
The anxiety of the Court was that the investigation in the matter has remained pending since long and as such the Investigating Officer with the case diary was summoned and it was directed that the Government Advocate shall communicate the said order to DGP, UP, Lucknow.
On 06.03.2024 following order was passed by another Bench of the Court:-
“Heard counsel for the applicant as well as AGA for the State. AGA prays for and is allowed four weeks’ time to file a counter affidavit. List this case on 04.04.2024. Till the next date of listing, no coercive action shall be taken against the applicant Mohd Haroon in Case under Sections 409, 420, 467, 468, 471, 120-B I.P.C and Section 13(1)C of Prevention of Corruption Act, Police Station EOW, District-Meerut.”
Counsel for the State was granted time to file a counter affidavit by the said order but no counter affidavit has been filed till date.
Counsel for the State submitted that communication from his office has been sent to the Senior Superintendent of Police, Meerut on 2.3.2024 and 15.3.2024. In so far as the compliance of the order dated 23.2.2024 of communicating the said order to the DGP, UP, Lucknow is concerned, it is submitted by counsel for the State that the same has been communicated to the DGP, UP, Lucknow also on 2.3.2024.
It is submitted that no response has been received till date from the said officers.
The Court directed the Government Advocate to be present in Court on the next date in the matter since it is seen by the Court that in matters which are being investigated by the EOW, the investigations are kept pending for years and years. Even yesterday in one matter the Court came up with a similar situation and directed for filing a counter affidavit by an officer not below the rank of ADG of the said department. The situation here is the same.
The Court further directed the Director General EOW to file his personal affidavit by the next date and intimate the Court as to why there is slackness in the investigations which are being carried out by the EOW and the investigations are kept pending for years and years. He shall also intimate the reason for it, persons responsible for it and the steps taken at his end for ensuring expeditious disposal of investigations.
The Court ordered that,
Till the next date of listing or till the submission of police report, if any, under section 173 (2) CrPC before the competent Court which ever is earlier, in the event of arrest of the applicant Mohd Haroon, involved in Case under Sections 409, 420, 467, 468, 471, 120-B IPC and Section 13(1)C of Prevention of Corruption Act, Police Station EOW, District Meerut, he shall be released on interim anticipatory bail on furnishing a personal bond of Rs 50,000 with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has a passport, the same shall be deposited by him before the SSP/SP Concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file an appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously independently without being prejudiced by any observation made by the Court while considering the anticipatory bail application of the applicant.
The Court has fixed the next hearing of the petition on 16.12.2024.