Petitioner sought anticipatory bail under Section 438 CrPC regarding a corruption case. The court observed serious allegations requiring custodial interrogation and dismissed the petition.
Petition for anticipatory bail dismissed.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M- 28590 of 2010 (O&M) Date of decision: 17.12.2010
Dharambir
......Petitioner
Versus
State of Haryana
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.N.S.Shekhawat, Advocate, for the petitioner.
Ms.Latika Rao, AAG, Haryana.
SABINA, J.
This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 21 dated 10.8.2010 under Sections 7 and 8 of the of the Prevention of Corruption Act, 1988 (for short 'the Act'), Police Station Vigilance Bureau (H) Gurgaon.
The contents of the FIR, as reproduced in para 1 of the petition, read as under:-
“It is submitted that I Pardeep son of Sh.Maya Chand caste Jat, am permanent resident of village
Criminal Misc. No.M- 28590 of 2010 (O&M) -2Dadam, Tehsil Tosham, District Bhiwani. I have a dumper (small truck) bearing registration No.HR 61A/2075 and my friend Anil, who is resident of village Baganwala, has also got a dumper bearing registration No.HR61-A-1601. In both the vehicles, we bring stones from Banar, which is in Rajasthan and take it to Khanak, which is in Tosham. Both these vehicles pass through the area of Mahendergarh and Dharamvir, Reader of the SDM, Mahendergarh stops the vehicles on road near Madhogarh Police Post in the official vehicle of SDM and demands money. On the day, when money is not given, he issues the challan of overloading of vehicles. On 8.8.2010 both the vehicles i.e. My dumper No.HR61A2075 and vehicle of my friend Anil, both were carrying stones, then also Dharamvir stood on the road and impounded both of our dumpers and gave us the chit (challan receipt) signed by SDM. When I asked that SDM is not there and he should sign himself. On this Dharamvir said that SDM has already signed on the bood and SM signs on the challan book and after signing, gives it to me. You should not play smart otherwise I would beat you up and said if you want to ply the vehicle, both of you should give a sum of Rs.3500/- each for both the vehicles to a person Raj Kumar at Kisan Dharam Kanta,
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Criminal Misc. No.M- 28590 of 2010 (O&M)
whose eyesight in one eye is not proper. The money should be deposited with him and after giving money, he should be made to talk to me. Our vehicles were challaned on 8.8.2010 and we have paid the fine of challan. Dharamvir, Reader of SDM does not allow us to ply our vehicles without bribe money and we do not want to give this bribe to Dharamvir. I have no financial transaction with Dharamvir nor any enmity is there. I have come to your office. Legal action be taken against Dharamvir.”
Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case due to panchayat election. The petitioner was not present at the spot on the alleged day of occurrence as he was present in his house.
Learned State counsel, on the other hand, has submitted that the challan in question was filled in by the petitioner and it was signed by the Sub Divisional Magistrate. Although the petitioner has joined investigation but his custodial interrogation is necessary as recovery is yet to be effected.
After hearing learned counsel for the parties, I am of the opinion that no ground for grant of anticipatory bail to the petitioner is made out.
The allegations levelled against the petitioner are serious
Criminal Misc. No.M- 28590 of 2010 (O&M) -4in nature. The petitioner is required for custodial interrogation. Accordingly, this petition is dismissed.
(SABINA) JUDGE
December 17, 2010 anita
1 issue framed by the court
Whether anticipatory bail under Section 438 CrPC should be granted given the serious nature of allegations under the Prevention of Corruption Act, 1988?
2 provisions across 2 enactments
Dharambir
State of Haryana
Sabina J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
