SHAMSHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition for pre-arrest bail in FIR No. 7 dated 25.3.2002 under Sections 7, 13(2) of the Prevention of Corruption Act, 1988 read with Section 120-B of the Indian Penal Code registered at Police Station Phase VIII, Mohali.

(2.) THE prosecution case is that Bhoopat Singh was working as Excise Inspector. His name was sent by the State Government to the Punjab Public Service Commission (hereinafter referred to as the Commission) for selecting him as Member in PCS (Executive Branch). Complainant Bhoopat Singh did not receive any interview call from the Commission as such he alongwith Chander Mohan, Advocate met R.S. Sidhu, Chairman of the Commission at his office at Patiala to ascertain as to when interview call would be made. R.S. Sidhu, Chairman of the Commission told them to keep in touch with him and he would let them know when interview would be held. On 24.3.2002 Chander Mohan contacted R.S. Sidhu, Chairman of the Commission. He asked the complainant to come to City Lodge Hotel, Phase III-B-2, Mohali. Complainant alongwith Chander Mohan met R.S. Sidhu in the hotel. There he demanded Rs. 35 lacs for selecting the complainant in the PCS (Executive Branch). It was also settled that Rs. 5 lacs would be paid immediately but the remaining amount will be paid lateron but before interview. Ravinder Singh Sidhu asked the complainant and Chander Mohan Advocate to contact him on 25.3.2002 at Chandigarh when the payment of Rs. 5 lacs was to be made. The complainant was not ready to pay this amount. He contacted the Vigilance department and informed that Rs. 35 lacs have been demanded from him as illegal gratification by the Chairman of the Commission. On this a trap was laid by the Vigilance Bureau. Complainant Bhoopat Singh paid Rs. 5 lacs to the Chairman and the shadow witness gave a signal. On receipt of the signal raiding party apprehended R.S. Sidhu, Chairman of the Commission and from his possession Rs. 5 lacs were recovered which was tainted money. R.S. Sidhu named the petitioner as one of the tout who used to collect money on behalf of him for the purpose of giving appointment to the candidates for various posts in various departments in Punjab. Warrants of arrest of the petitioner has been obtained by the Vigilance bureau from Judicial Magistrate, Kharar. Apprehending his arrest, the petitioner has moved an application for pre-arrest bail before the Special Judge, Rup Nagar which was declined on 17.4.2002. Aggrieved by that order, the present petition has been moved in this Court.

(3.) I have given my thoughtful consideration to the submissions made by the counsel for the petitioner but find the same without any substance.