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(2022) Law Today Live Doc. Id. 16733
Decided on: 10.05.2022
Alongwith
CRM-M-9128 of 2022, Harpal Singh (Kanugo) v. State of Punjab
Present:
Mr. C.S. Jattana, Advocate and Mr. Rajbir Singh, Advocate for petitioners.
Mr. Amit Mehta, Sr. DAG Punjab.
Prevention of Corruption Act, 1988 (49 of 1988), Sections 7, 13 (1)(a)(ii) -- Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471 and 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Cheating and corruption case – Regular bail -- Petitioners are in custody since 16.12.2021 -- Considering that the investigation is complete, challan stands presented, petitioners volunteer to give their specimen signatures, conclusion of trial is likely to take time, the petitioners are granted bail.
(Para 6)
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AVNEESH JHINGAN, J. (ORAL) –
1. This petition under Section 439 Cr.P.C. is filed seeking regular bail in FIR No.18, dated 15th December, 2021, under Sections 7, 13 (1)(a)(ii) of the Prevention of Corruption Act, 1988 as amended by the PC (Amendment) Act 2018 and Under Sections 420, 467, 468, 471 and 120-B IPC registered at Police Station Vigilance Bureau Bathinda.
2. The initiation point of the present FIR was a complaint made by Lakhvinder Singh, Beant Singh and Gurcharan Singh against Harkirat Singh posted as Naib Tehsildar, Gobindpura. As per the allegations, the Harkirat Singh had not refunded rupees twelve lakh (four lakh taken from the each complainant) received on pretext of getting recruitment for their children as Constable in Punjab Police, by showing exchange of land in lal dora with land to be acquired at the village for thermal power plant. As per the case set up, Harkirat Singh in the revenue record showed exchange of land to be acquired with the land in the lal dora. He forwarded the cases of the wards of the complainants and others who were having one marla land, inspite of the fact that as per the policy entitlement for job was only where the acquisition was of four kanals or more.
3. Learned counsel for petitioners submits that the present FIR was registered after a delay. Submission is that the exchange of land till date holds goods as none of the affected parties have challenged it. Learned counsel for petitioners argued that the petitioners are in custody since 16.12.2021, investigation is complete, challan stands presented. Learned counsel rely upon the fact that co-accused Harkirat Singh was granted interim protection by the Supreme Court vide order dated 23.3.2022.
4. Learned State counsel opposes the prayer and submits that the application for getting the specimen signatures of the petitioners is pending.
5. Learned counsel for the petitioners at this stage on instruction submits that the petitioners volunteer to give their specimen signatures.
6. Without commenting upon the merits of the case, considering that the investigation is complete, challan stands presented, petitioners volunteer to give their specimen signatures, conclusion of trial is likely to take time, the petitioners are granted bail on furnishing surety bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.
7. The petitions are allowed.
8. It is clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.
9. Photocopy of this order be placed on the file of connected case.
Petitions allowed.
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