AMIT RATTAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in case bearing FIR No.01 dtd. 16/2/2023 registered under Ss. 7, 7(a) of the Prevention of Corruption Act, 1988 (as amended by P.C. (Amended) Act, 2018) and under Sec. 120-B IPC at Police Station Vigilance Bureau, Bathinda, District Bathinda.

(2.) The FIR in question has been registered on the statement of Pritpal Kumar, who has alleged that his wife is Sarpanch of the village Ghudda since 2019. His wife has got different development works done in the village. In these development works, the Panchayat has purchased goods from different firms, but payment has not been released for the material used in the development works. The complainant and his wife have met the BDPO Sangat and employees of concerned departments on many occasions, but payments have not been released to the concerned firms. Due to aforesaid in-action, new work could not be started for want of payments to the firms as no firm is ready to give any material to the Panchayat on credit basis. The complainant and his wife met the petitioner for getting the payments made to the firms, so that new development work could be started. The petitioner was made aware about the pending payments and pending development works in the village. The Panchayat has money in its account for making these payments, but the BDPO Sangat is not issuing the cheques for these payments intentionally as the wife of the petitioner has not given any bribe to the aforesaid officer. The complainant further submitted that the officials of the department are harassing the petitioner and his wife. Other works could not be started as the officials have not assigned any duty for making the assessment. The petitioner on hearing the grievance of the complainant, asked him to come again and they would sit and discuss the issue alone. The complainant is alleged to have met the petitioner alone in a room in the circuit house, Bathinda in October 2022, where the petitioner and Rashim Garg were present in the room, whom the complainant knew beforehand and who is private P.A of the petitioner, who used to supervise the whole work of the petitioner. The complainant requested them in respect of pending payments of development works in the village. The petitioner asked the complainant as to how much amount is due and how much amount is lying in the Panchayat fund. The complainant told the petitioner and Rashim Garg that about Rs.25.00 lacs are lying in the Panchayat fund and bills of around Rs.12.0013 lacs are pending to be paid to the firms. The petitioner assured the complainant that he will get the payment of these bills done from the BDPO Sangat on the condition that the complainant will have to give them an amount of Rs.5.00 lacs as bribe in lieu of the work. The complainant did not want to say yes, but due to compelling circumstances, he had to say yes for giving bribe to the aforesaid persons in order to get the payments released in favour of the firms as the firms were raising demand for their payments time and again. The petitioner asked his private P.A Rashim Garg to call BDPO Sangat to the circuit house. Before the BDPO came there, the petitioner asked the complainant to do the transaction with his P.A Rashim Garg only. He told the complainant that he is his private P.A so the complainant should pay the money to him and he will transfer the same in favour of the petitioner. In the meanwhile, BDPO reached there and the petitioner asked the BDPO to make the payments of pending bills of the Panchayat immediately and also told him that whatever the Sarpanch says, the work to be started immediately. The petitioner also told the BDPO that in future, he will not create any hurdle in any work and he can take share directly from Rashim Garg and he will take care of all. The complainant went back and after some days, the complainant got a call from Rashim Garg, asking him whether the payment of money has been made or not. The complainant told him that till now, the Junior Engineer has not come to take assessment of the works done by the Panchayat. Rashim Garg replied to the complainant that he will call him after talking with the BDPO. After some time, Rashim Garg told the complainant that JE is coming to the village for doing the assessment work. He asked the complainant to get their payment made. Satwinder J.E came to the village in the evening and made the assessment of the work done by the Panchayat in the village and after some days, payment of around Rs.6.00 lacs was released by the BDPO Sangat to different firms. About 2-3 payments were kept pending intentionally by BDPO. The complainant made Rashim Garg aware in person as well as telephonically. Rashim Garg used to tell that their share is of about Rs.1.5 lacs and payment of the same be made first and then only he will get the balance amount released. The complainant did not want to give bribe, therefore, he delayed the matter time and again. Rashim Garg called upon the complainant through whatsapp few days back in this regard to give amount of bribe as the petitioner is getting angry because of non-payment of his share. The complainant asked Rashim Garg to tell when the petitioner will come to Bathinda as he would come to meet the petitioner. On 9/2/2023, Rashim Garg called upon the complainant and told him that the petitioner has come to Bathinda and the complainant can come to the house of the MLA next morning. On the next day i.e. 10/2/2023 at about 8:30 AM, the complainant went to the house of the petitioner where Rashim Garg was also present. The petitioner met the complainant and they sat in the room. When the complainant requested the petitioner to get the payment released for the work done, then the petitioner and Rashim Garg asked the complainant to give them Rs.5.00 lacs as committed by the complainant. The complainant told them that only an amount of Rs.7.008 lacs have been released, then they asked the complainant to pay the share of Rs.1.5 lacs out of payment of Rs.7.008 lacs on that very day. The complainant requested them to get the payments of all the work done and gave them false assurance for making payment of Rs.5.00 lacs on Tuesday, but the petitioner asked him to pay Rs.3.00 lacs in the evening, then they will get the payments released of all the pending amounts. Out of compulsion, the complainant made promise regarding Rs.2.00 lacs on 10/2/2023 and came back home. The complainant had done the recording of all the conversations in the recorder. On his return, Rashim Garg again called him in the evening, asking him as to why he did not visit him. The complainant out of compulsion, arranged Rs.50,000.00and gave it to the petitioner and Rashim Garg and made false promise for making payment of the balance amount on Tuesday or Wednesday and thereafter, went back home. The complainant further alleged that Rashim Garg had already taken Rs.2.5 lacs from the complainant for appointing S.C Namberdar Gurdas Singh in the village. The complainant was delaying the payment of bribe despite the payment made by them. With these allegations, the FIR in question came to be registered.

(3.) Thereafter, a trap was laid and Rashim Garg was apprehended. Dr. Parampal Singh, Polyclinic, Bathinda and Dr. Devraj, Polyclinic, Village Ghudda were associated and their introduction was done with the complainant and were joined in the raiding party. 200 notes of Indian currency of denomination of Rs.2000.00 with specific numbers were produced before the police and powder phenyl pathalyn was applied upon the notes and handed over the aforesaid notes laced with powder to the complainant with the instructions that when Rashim Garg will demand for the bribe, then he must give powder laced currency notes to him and the petitioner. The proceedings were initiated, whereupon the complainant and official witnesses Dr. Parampal Singh, Polyclinic, Bathinda and Dr. Devraj, Polyclinic, Village Ghudda appended their signatures and the DSP attested the same. As per trap, the complainant and official witnesses were given appropriate instructions and they were made to depart towards circuit house, where DSP along with raiding party kept on waiting for the signal. Thereafter, the complainant and official witnesses went inside the circuit house. After some time, official witness namely Dr. Parampal Singh, Polyclinic, Bathinda gave the signal by swirling his right hand over his head to the raiding party, then DSP along with the raiding party reached near the shadow witness and witness Dr. Parampal Singh, Polyclinic, Bathinda told the DSP that the amount of bribe has been received from the complainant by a person sitting in white coloured Creta car bearing No.PB-11-DB-9860. The person driving the Creta car took out the vehicle from the circuit house, then DSP intercepted the vehicle and stopped the vehicle and signaled the person driving the vehicle to come out. The person driving the vehicle came out. In the presence of the raiding party, DSP asked for his introduction, then he disclosed his name as Rashim Garg. On being asked, Rashim Garg told the raiding party that the amount received from the complainant was lying towards the window of driver seat. The security personnels were deployed near the vehicle and Rashim Garg was asked the reason for coming to the circuit house and then he told that he is private PA of MLA/petitioner. On being asked, Rashim Garg told that the MLA is sitting inside the circuit house in room No.1. Thereupon, the DSP along with the raiding party and Rashim Garg went inside the room in the circuit house, where the petitioner and a person wearing a turban were sitting, who was his personal P.A. Ranbir Singh. DSP asked the petitioner as to whether Rashim Garg is his private P.A, then the petitioner/MLA told that he knows Rashim Garg personally, but he is not his P.A.