DARSHAN SINGH Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) This is a petition under Sec. 438, Cr.P.C, filed by the accused-petitioner, Darshan Singh, for the grant of anticipatory bail, in a case under Sections 7/13 of the Prevention of Corruption Act (hereinafter referred to as the Act) read with Sections 380/343, IPC, in respect of FIR 123 dated 30.7.1997, pertaining to Police Station, Civil Lines, Patiala.

(2.) After registration of the aforesaid FIR, the accused petitioner, Darshan Singh (who was working as DSP in the Punjab Police), filed anticipatory bail application in this court, bearing Criminal Misc. 18634-M of 1997. Initially, the interim order dated 29.8.1997 was passed by this Court, whereby the accused-petitioner was ordered to be released on bail (in case of his arrest) on furnishing bonds. Certain conditions were attached in the said order. Later on, the said petition came up for final hearing before this Court on 4.3.1998. At that time, this Court, vide detailed order dated 4.3.1998, dismissed the anticipatory bail application of the accused-petitioner, after noticing that the accused-petitioner himself was a Police Officer, and custodian of law, life and liberty of the people. It was also noticed that offences under Sections 380/343, IPC, have also been added, which would further aggravate the charge under Sections 7/13(2) of the Act against him. It was also noticed that the fact that the accused- petitioner had joined the investigation, after obtaining interim order from this Court, would not dilute the severity and gravity of the offence.

(3.) After dismissal of the anticipatory bail application of the accused-petitioner, still the accused-petitioner was not arrested by the Police. Various inquiries were held. It was alleged that in some of the inquiries, the accused-petitioner was exonerated by the Police. However, under the orders of the IGP, the challan was put in the Court against the accused-petitioner, for the offence under Sections 7/13(2) of the Act read with Sections 380/343, Penal Code. Learned counsel for the State has submitted that challan was submitted in Court on 4.10.2000. He has further submitted before me that even at the time of the challan, the accused-petitioner had not been arrested by the Police in this case. He further submits that the learned Special Judge, before whom the cahllan was put in court, had issued non-bailable warrants against the accused-petitioner and had dismissed the anticipatory bail application of the accused-petitioner. He further submits that thereafter, the accused-petitioner had filed the present anticipatory bail application in this Court and his arrest was stayed by this Court on 3.11.2000. He has further submitted that thereafter, the accused- petitioner has been appearing before the learned Special Judge. The charges has already been framed against him and now the case is fixed for prosecution evidence.