Ganga Singh vs State Of Punjab on 10 March, 2009

Criminal Misc. No. M-4635 of 2009                               -1-

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH
                        ****
                                 Criminal Misc. No. M-4635 of 2009
                                     Date of Decision:10.03.2009

Ganga Singh
                                                          .....Petitioner
            Vs.

State of Punjab
                                                          .....Respondent


CORAM:- HON'BLE MR. JUSTICE HARBANS LAL

Present:-   Mr. G.S. Gill, Advocate for the petitioner.

            Mr. T.S. Salana, Deputy Advocate General, Punjab.
                        ****
JUDGMENT

HARBANS LAL, J. (Oral)

This petition has been moved by Ganga Singh under Section

439 of Cr.P.C seeking his regular bail in case FIR No.5 dated 23.1.2009

registered under Sections 7, 13(2) of Prevention of Corruption Act at Police

Station Vigilance Bureau, Jalandhar.

The facts in brief are that Nirmal Kumar- complainant was of

the view of his having been falsely implicated in a criminal case lodged at

Police Station Goraya. He met the petitioner as the latter was posted at the

relevant time as SHO, Police Station Goraya. Complainant- Nirmal Kumar

moved an application requesting the petitioner for deleting his name from

the array of accused. The petitioner retained the application with him and

asked for being paid Rs.15,000/- as illegal gratification for doing the

needful. Nirmal Kumar pleaded poverty with the petitioner. Ultimately, the

petitioner agreed to do the job on being paid illegal gratification of
Criminal Misc. No. M-4635 of 2009 -2-

Rs.10,000/- by the same evening. The complainant went to Vigilance

Bureau and narrated the entire matter. The raid was arranged. The

petitioner was apprehended red handed with tainted currency notes worth

Rs.10,000/-.

Learned counsel for the petitioner submits that the

complainant- Nirmal Kumar is a gambler and is trafficking of narcotics and

various other offences and he is a man of shady character. He further puts

that indeed the petitioner neither put forth the alleged demand nor accepted

the alleged tainted currency notes and he has been falsely implicated in this

case. As against this, Mr. Salana argued that in view of the gravity of the

offence, the petitioner should not be admitted to bail.

I have well considered the rival contentions. A glance through

paragraph No.5 of the petition, would reveal that as many as eight cases

stand registered against the complainant- Nirmal Kumar. Statedly, the

investigation is complete and sanction is awaited. The petitioner is in

custody since 23.1.2009. The presentation of challan and conclusion of trial

would take considerable time.

Without meaning to expression of opinion on merits of the

case, I deem it a fit case to admit the petitioner to bail. Bail to the

satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Jalandhar.

The petition is disposed of.

March 10, 2009                                       ( HARBANS LAL )
renu                                                      JUDGE

Whether to be referred to the Reporter? Yes/No