BANSI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition Under Section 438, Criminal P. C, for the grant of Anticipatory Bail to Shri Bansi Lai, Member Parliament, New Delhi, and his son Surrender Singh, M. L. A. , Haryana. While issuing notice in this petition, interim bail was granted by Sharma, J. on 3rd August, 1977.

(2.) A case was registered Under Section 161, IPC and Section 5 (2) of the Prevention of Corruption Act on 1-8-1977 in Police Station Sadar, Bhiwani, at 6-30 P. M. on the statement of Shri Randhir Singh Yadav, Deputy Superintendent of Police, Bhiwani, vide F. I. R. No. 106. According to the allegations in this F. I. R. , Shri Bansi Lai petitioner abused his position as Chief Minister of Haryana from May 1966 to November 1975, and then as Defence Minister of India up-till 1977. The details are given of the lands purchased by him from time to time in the names of his sons Ranbir Singh and Surrender Singh, and his daughters Sunita, Legha and Saroj in different villages in Bhiwani District from 15-5-1975 t0 3-3-1976. In all these transactions, taken together, an amount of Rs. 3,86,091/- was alleged to have been spent on the purchase of land and Rs. 39,560/- on registration and stamp duty. It was further alleged that Shri Bansi Lai purchased this land at 50% of the prevailing price at that time. Shri Bansi Lai as Chief Minister is also alleged to have encouraged a number of corrupt officers and promoted them after changing the service rules. Undue benefit was thus alleged to have been given to a number of persons by unfair means, and in consequence of that Shri Bansi Lai is alleged to have earned a lot of money besides obtaining foreign goods. One Shri Amir Chand Singla, it is alleged, hired a Kothi in Chandigarh and furnished the same with costly furniture and other articles, which was used by the daughter and son-in-law of Shri Bansi Lai freely. A servant was also provided to them and an amount of Rs. 8,000 per mensem was given to them by the said Shri Amir Chand Singla. Details of other benefits and facilities made available to them in the form of car and telephone connection etc. , are also given. It is further alleged that Shri Bansi Lai built one house at Bhiwani and one house at Hissar in the name of his son-in-law and daughters and also in his own name on which about Rs. 6 or 7 lacs were spent. Towards the end in the F. I. R. , a general allegation was made that Shri Bansi Lai purchased cars and other vehicles in his name and in the names of his family members besides purchasing some vehicles under other names, and in this way he collected or purchased moveable and immoveable property worth lacs and foreign goods without paying any custom duty thereon, it wag further alleged that Shri Bansi Lai had several bank accounts in his name and in the names of his family members.

(3.) DURING the arguments it wag disclosed by the learned Advocate-General that search had been made on 4-8-1977, on the basis of search warrants, in the houses of Shri Bansi Lai both at Delhi and Bhiwani. Copy of the list of articles recovered from his residence at Bhiwani was also furnished. Another list of articles was also furnished which were alleged to have been recovered as a result of search conducted in the house of one Shri Amir Chand Singla at Delhi, which, according to the learned Advocate-General, belonged to Shri Bansi Lai.