LAWS(P&H)-2023-2-65

GURPARKASH SINGH Vs. STATE OF PUNJAB

Decided On February 27, 2023
Gurparkash Singh Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This order shall dispose of the above mentioned two petitions filed on behalf of petitioners Gurparkash Singh and Mangat Singh seeking grant of regular bail in respect of a case registered vide FIR No.11, dtd. 15/9/2022 at Police Station Vigilance Bureau District Bathinda, under Ss. 7, 7(a) of Prevention of Corruption Act, 1988 (Amendment 2018) and Sec. 120-B of Indian Penal Code.

(2.) The allegations, in nutshell, are that property of the complainant had been attached as he had furnished surety at the time of advancement of loan by Gagandeep Kaur to Buta Singh. However, later the matter was compromised and the said property was required to be released from attachment. It is alleged that Registry Clerk, Gurparkash Singh (petitioner in CRM-M-51799-2022) demanded an amount of Rs.2,000.00 from the complainant but since the complainant did not wish to pay the same, he reported the matter to the Vigilance Bureau. Accordingly, a trap was laid and when the complainant went to hand over the amount of Rs.2,000.00 (tainted currency notes) to Gurparkash Singh, Registry Clerk, he (Gurparkash Singh) told the complainant to hand over the same to his Chowkidar (Mangat Singh - petitioner in CRM-M-53494-2022), who was present in the room and accordingly the said currency notes were handed over to Mangat Singh, who was found in possession of aforesaid tainted currency notes.

(3.) Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the present case and that as a matter of fact the currency notes were not recovered from possession of either the petitioners - Gurparkash Singh or petitioner - Mangat Singh and were recovedred from a box in a room adjacent to the Office of Gurparkash Singh, Registry Clerk. It has further been submitted that the petitioners, in any case, have been behind bars since the last about 5 months and that challan already stands presented.