Allowed

Bahadur Singh and Others v. State of Punjab

Punjab & Haryana HC24 Nov 2023CRM-M/44652/2023

Case brief

AI extract

What is this about?

Court granted the petition for anticipatory bail to Bahadur Singh & others in a corruption case, holding that failure to return the entire compensation amount is not a condition precedent for bail when partial return and asset declaration have been made.

What did the court decide?

Petition allowed; interim order dated 06.09.2023 made absolute; all pending applications disposed.

Bahadur Singh and Others Vs State of Punjab — Corruption | Punjab & Haryana HC (2023)

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CRM-M-44652-2023

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IN THE HIGH COURT OF PUNJAB AND HARYANA

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AT CHANDIGARH

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CRM-M-44652-2023 (O&M)

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Reserved on: 20.11.2023 Pronounced on: 24.11.2023

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Bahadur Singh & others

... Petitioner(s)

Versus

State of Punjab

…Respondent (s)

CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present:Mr. Abhay S. Mann, Advocate for the petitioner(s).

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Mr. Shiva Khurmi, AAG, Punjab.

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ANOOP CHITKARA, J.

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FIR No.	Dated	Police Station	Sections
16	02.05.2023	Vigilance Bureau,	409, 420, 465, 466, 468, 471, 120-B IPC and
		Phase-I, Mohali.	Sections 13(1)(a) read with Section 13(2) of
			the Prevention of Corruption Act (for short, “the PC Act”)

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Apprehending arrest for getting compensation illegally, claiming the barren land

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to have guava trees, which in fact was not, the petitioners had come up before this Court under Section 438 CrPC seeking anticipatory bail on 04.09.2023.

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In paragraph 15 of the bail petition, the accused declares that they have no criminal antecedents.

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The State’s counsel opposed the bail.

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Vide order dated 06.09.2023, this Court had granted anticipatory bail to the petitioners, subject to certain conditions and depositing 50% of the amount with the Illaqa Magistrate/trial Court, which is still continuing. Thereafter, vide order dated 18.10.2023, the petitioners were directed to declare their assets along with their respective wives.

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Counsel for the petitioners submits that the petitioners have voluntarily complied with the said orders.

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ASHWANI KUMAR 2023.11.24 15:16 I attest to the accuracy and authenticity of this order/judgment

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CRM-M-44652-2023

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Considering the fact that since the petitioners have returned 50% of the compensation amount and have also declared their assets, based on which, State can always avail legal remedies for attachment of assets as well as recovery of the amount, to which the State is entitled, it is not a case for pre-trial incarceration of the petitioners. Furthermore, similarly placed co-accused have already been granted bail when they had voluntarily returned the compensation amount. Although the petitioners have not returned the entire compensation amount, but this cannot be a condition precedent to grant bail. It shall be permissible for the State to take all necessary steps for recovery of the outstanding amount.

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Given above, the petition is allowed and interim order dated 06.09.2023 is made absolute. All pending applications, if any, stand disposed.

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However, it is clarified that observations made hereinabove are neither an expression of opinion on the case's merits, neither the court taking up regular bail nor the trial Court shall advert to these comments.

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	(ANOOP CHITKARA) JUDGE
November24, 2023
AK
Whether speaking/reasoned	: Yes
Whether reportable	: Yes

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ASHWANI KUMAR 2023.11.24 15:16 I attest to the accuracy and authenticity of this order/judgment

Bahadur Singh and Others v. State of Punjab

Case brief

What is this about?

What did the court decide?

Bahadur Singh and Others v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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