MUKANDBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of above mentioned three petitions for pre-arrest bail, preferred by the petitioners in respect of a case registered against them under Sections 213, 217 IPC read with Sections 7 & 10 of the Prevention of Corruption Act at Police Station Chheharatta, District Amritsar, vide FIR No. 96 dated 29th May, 2010.

(2.) Brief factual background of the case is that one Gulzar Singh lodged a complaint with the police stating that on 29th May, 2010, he had gone to Vishal Mega Mart, Ranjit Avenue, Amritsar along with his son for some domestic work. They parked their motor cycle there and went for some shopping. When they came back, they found the motor cycle missing. They gave this information to Police Post, Ranjit Avenue. Later they received a phone call from Head Constable Amar Singh that their motor cycle had been found. Said Amar Singh promised Gulzar Singh that the motor cycle would be returned. It appears that by that time the police had come to know about the person, who had allegedly stolen the motor cycle. They had received secret information that stolen motor cycle was being kept by Palwinder Singh son of Puran Singh, resident of Guru Nanakpura, Amritsar. Resultantly, Head Constable Dilbagh Singh, Head Constable Rachhpal Singh and PHG Pardeep Kumar were sent to recover the same and to arrest Palwinder Singh son of Puran Singh. These police officials after recovering the motor cycle, handed over the same to ASI Ashok Kumar and Palwinder Singh was also produced before ASI Ashok Kumar. No formal arrest was shown. Amar Singh and Palwinder Singh thereafter contacted Head Constable Amar Singh to ask him to hush up the matter. H.C. Amar Singh contacted ASI Ashok Kumar on telephone but he being away to attend a hearing in Punjab and Haryana High Court, told him to contact MHC Mukandbir Singh. H.C. Amar Singh in turn contacted MHC Mukandbir Singh, but was told to arrange Rs. 20,000/- for doing the job. Amar Singh thereafter contacted Puran Singh and asked him to arrange the money. Puran Singh was able to arrange Rs. 17,000/-. Thereafter, he alongwith his brother-in-law Balbir Singh met Mukandbir Singh and delivered Rs. 17,000/- to him. At that time, H.C. Harjinder Singh, Reader/Incharge was present in Police Station. After the money was handed over, accused Palwinder Singh, who was kept in custody without showing any formal arrest, was released and motor cycle was handed over by Head Constable Amar Singh to Gulzar Singh, the original owner. The present FIR was thus lodged on the ground that ASI Ashok Kumar, MHC Mukandbir Singh, H.C. Harjinder Singh and H.C. Amar Singh with common intention had committed offence of taking illegal gratification of Rs. 17,000/- from Puran Singh and his brother-in-law Balbir Singh in order to hush up commission of a crime and to release accused Palwinder Singh. Resultantly, they were booked under Sections 213, 217 IPC and Section 13 (2) read with Sections 7 and 10 of the Prevention of Corruption Act.

(3.) Learned counsel for the petitioners have argued that there is no link evidence to connect the petitioners with the crime. He submits that allegations levelled are per se unbelievable. According to them, the prosecution has concocted a false story with a view to implicate certain police officials due to internal rivalry in the department. They submit that in any case, the custodial interrogation of the petitioners is not required in the facts and circumstances of the case and thus, they are entitled to concession of pre-arrest bail.