Bench allowed bail to a retired General Manager accused of taking bribe in corruption case where trial lengthy and no further interrogation required from him.
Petitioner ordered to be released on bail subject to furnishing personal/surety bonds in sum of Rs. 50,000/- with one surety in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-16613 of 2018 (O&M) Date of Decision: July 12, 2018
Subhash Chander
...Petitioner
VERSUS
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.Anmol Rattan Sidhu, Senior Advocate with Mr.Pratham Sethi, Advocate for the petitioner.
INDERJIT SINGH, J.
Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.7 dated 16.03.2018 under Sections 7 and 12(2) of Prevention of Corruption Act, registered at Police Station Vigilance Bureau, Range Amritsar, District Amritsar.
Notice of motion.
Mr.Pawan Sharda, Sr. DAG, Punjab has put in appearance on behalf of the respondent-State and Mr.Sonpreet S. Brar, has put in appearance on behalf of the complainant and contested the petition.
I have heard learned counsel for the parties as well as learned State counsel and have gone through the record.
From the record, I find that petitioner Subhash Chander, General Manager-cum-Mining Officer, Gurdaspur was apprehended red-
Vineet Gulati 2018.07.13 16:50 I attest to the accuracy and authenticity of this document Chandigarh
CRM No.M-16613 of 2018
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handed while accepting bribe of `50,000/-. In the present case, challan has already been presented and charges have already been framed. The petitioner has retired from service.
The petitioner has been in custody since 16.03.2018. The trial of the case will take long time. The petitioner is not required for any investigation or interrogation purposes as he is in judicial custody. No useful purpose will be served by keeping the petitioner in custody till disposal of the case.
Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.
However, nothing stated above, shall constitute my opinion on
merits of the case.
July 12, 2018 (INDERJIT SINGH) Vgulati JUDGE
Whether speaking/reasoned Yes Whether reportable No
Vineet Gulati 2018.07.13 16:50 I attest to the accuracy and authenticity of this document Chandigarh
2 issues framed by the court
Whether to grant regular bail to the petitioner under Section 439 Cr.P.C.
If bail is granted, what conditions of bond and surety are appropriate.
2 provisions across 2 enactments
Subhash Chander
State of Punjab
INDERJIT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
