AMAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the petition u/s. 438 Cr.P.C. is for grant of pre-arrest bail to the petitioner in case FIR No. 0005 dated 07.01.2021 registered u/s. 13 (2), Prevention of Corruption Act, 1988, Section 52-A, Prisons Act, 1894 and Sections 51 and 56, Disaster Management Act, 2005 at Police Station City-1, Sangrur.

(2.) Learned counsel contends that although the FIR was registered against the petitioner, Deputy Superintendent, Balwinder Singh, Superintendent, Gurpartap Singh, Jail Warden, all at District Jail Sangrur, and later after investigation, against Dhanna Singh, Chakkar Havaldar, District Jail, Sangrur on the allegations that the aforesaid officials in connivance with each other, provided facilities to under trial Kamal Kumar @ Rocky and Arun Kumar @ Arru by not transferring them from District Jail Sangrur, shifting their barracks, providing medical as well as mobile phone facility, contrary to rules/instructions and for monetary considerations, but the petitioner had been falsely implicated in the case as much prior to the registration of the FIR, he had submitted representation (Annexure P/1) dated 30.11.2020 to the Deputy Inspector General (Jails), Patiala Circle, Patiala expressing apprehension of being implicated in a false case due to strict enforcement of discipline by him in jail, that the petitioner could not transfer an under trial from District Jail, Sangrur to any other jail without the approval of the higher authorities, that transfer of the undertrials barrack was on account of the undertrial having come in contact with a Covid patient, besides, medical facilities provided to under trial Kamal Kumar @ Rocky were on the advice and recommendation of the jail doctor.

(3.) Learned Addl. AG, Punjab, on the other hand contended that the under trials, namely Kamal Kumar @ Rocky and Arun Kumar @ Arru were not shifted from Special Jail Sangrur by Balwinder Singh, Superintendent, Amar Singh, Deputy Superintendent, and Gurpartap Singh, Warden, District Jail Sangrur, by misusing their position, misleading headquarters by sending false information while conniving with family members of the prison inmates and further providing unauthorised mobile phone and medical facilities by violating Prison Rules/Instructions. Learned Addl. A.G. contended that as per instructions issued by the authorities, transfer of inmates after corona test on expiry of 21 days quarantine was mandatory, that as per directions of the head office, new undertrials were required to be lodged in Special Jail Sangrur in one barrack for quarantine and after the test were required to be shifted to other barracks but the officers of District Jail Sangrur did not do so, instead mislead the head office by sending a false report of under trial Arun Kumar @ Arru having come in contact of corona positive undertrials, besides, medical and mobile facilities were provided to the aforementioned undertrials besides other undertrials, for monetary consideration and there was material available to show payment having been made by relatives of the undertrials to the petitioner through the Jail Warden, who had submitted an affidavit to the above effect on 30.12.2020 in the preliminary inquiry conducted by the Deputy Inspector General (Jails), Patiala Circle, Patiala. Learned Addl. A.G. further contended that out of 04 accused, only Dhanna Singh, Chakkar Havaldar, District Jail, Sangrur had been arrested, while the petitioner, Balwinder Singh, Superintendent and Gurpartap Singh, Jail Warden, District Jail, Sangrur were at large and their custodial interrogation was essential to ascertain the persons involved, modus operandi of running of racket in District Jail Sangrur for providing facilities to undertrials/detenues, for monetary considerations, contrary to the rules as well as instructions issued by the authorities as also to effect recovery of bribe money besides to ascertain details of all involved in the racket.