GUNJIT SINGH Vs. STATE

JUDGEMENT

(1.) These four petitions seeking anticipatory bail for the petitioners arise from the case registered of Febeuary 9, 1989, for the offences <PG>26</PG> punishable under Sections 120-B read with Sections 193, 367 & 471 of the Indian Penal Code.

(2.) The facts, in brief, are that a case under Section 5(1) (e) read with Section 5(2) of the Prevention of Corruption Act, 1947, was registered as far back as on October 3, 1985, against Gunjit Singh, who was then working as Inspecting Assistant Commissioner of Income-Tax (Audit), New Delhi. It was alleged in that case that he had acquired assets through corrupt and dubious means which were disproportionate to the known sources of his income. In the house search, besides various other documents and articles seized Rs. 7,30,283.00 in cash were also seized. The investigation in that case was continuing and I am told that a challan has been recently filed. One case under the Arms Act and another case under the Excise Act were also registered against him for the incriminating articles recovered from his house and I am told that in one case he has been acquitted and in another case he has been discharged.

(3.) Counsel for Gunjit Singh also informs that on the registration of the cases Gunjit Singh was suspended but later on his suspension has been also revoked, Be that as it may, the present case has been registered against Gunjit Singh, Kuldeep Singh, Prem Chand Jain, Subhash Chand Jain, 0m Prakash Verma and Rakesh Sharma with the averments that Gunjit Singh in order to explain the position of the said cash amount of Rs.7,43,412.00 had pleaded as on June 5, 1986, before the Investigating Officer that he obtained the cash from Kuldeep Singh Sehgal by virtue of an agreement to sell executed on October 1,1985. between him and Kuldeep Singh in respect of property belonging to Gunjit Singh bearing No. 92, Shaheed Udham Singh Nagar, Jalandhar City, which Kuldeep Singh had aged to purchase for a sum of Rs. 10,00,000.00 . and Rs. 7,50,000.00 was given in cash as an advance on the basis ofagreemsnt to sell. It is also mentioned in the FIR that Kuldeep Singh is stated to have entered into an agreement to sell with M/s. Jayanti Finance Company Private Limited and that agreement is stated to have been also executed on October 1, 1985, and it shows that Kuldeep Singh had agreed to sell his house No. B-226, Greater Kailash, Part-1, New Delhi, for a consideration of Rs. 24,00.000.00 and he bad received Rs. 8,00,000.00 as advance amount. During investigation, it has come out that in fact the stamp paper in respect of the agreement executed between Gunjit Singh and Kuldeep Singh was actually purchased in the second week of October 1985 although it was sought to be shown that the same were actually purchased in September 1985 and similarly the stamp paper pertaining to the agreement to sell executed between Kuldeep Singh and M/s Jayanti Finance Private Limited was also actually purchased in the second week of October 1985, but was shown to have been purchased on September 27, 1985. The two Stamp Vendors are Rakesh Sharma and 0m Prakash Verma respectively. During investigation the account books and other documents of M/s. Jayanti Finance Private Limited have been seized. So, the case set up is that in fact, no cash consideration had passed from M/s. Jayanti Finance Private Limited to Kuldeep Singh and from Kuldeep Singh on Gunjit Singh and all these documents have been forged and fabricated with a view to give a defence to Gunjit Singh in the corruption case for which he is to be tried.