JANGSHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY means of this judgment, Crl. Misc. Nos. 20560 -M, 20815 -M and 20238 -M, all of 1997 shall be disposed of as they arise out of case FIR No. 237 dated 1.9.97 under Section 7/13 of the Prevention of Corruption Act, 1988 of P.S. Sadhaura, District Yamuna Nagar.

(2.) IN Crl. Misc. 20560 -M/97, constable driver Jangsher Singh has applied for anticipatory bail to this Court. In Crl. Misc. 20815 -M of 1997, constable Satish Kumar has applied for anticipatory bail to this court. In Crl. Misc. 20238 -M of 1997, SI Jawala Singh of PS Sadhaura has applied for anticipatory bail to this Court.

(3.) FACTS of the prosecution case as couched in FIR No. 237 dated 1.9.97 (ibid) are as follows : - On 30.5.97, SI Jawala Singh was posted as SHO of PS Sadhaura. Constable Jangsher Singh was working as driver with him. That day at about 8 a.m., SI 288 All India Criminal Law Reporter 1998(3) Jawala Singh along with constable Satish Kumar, head constable Dharamvir and constable', driver Jangsher Singh raided the house of Lakhbir Singh of village Paharipur as there was information with him that Lakhbir Singh was dealing in the sale of liquor. Lakhbir Singh was found available at his house. They told him that they wanted to search his house. They searched his house. As per Lakhbir Singh, no liquor was recovered as a result of his house search. Thereafter, the police went to his Bara i.e. a place where Lakhbir Singh used to tether his cattle. They recovered 2 bottles of liquor lying behind his Bara's wall in the West. As per Lakhbir Singh, he had nothing to do with the back side of the wall of that bara. As per Lakhbir Singh another 27 bottles of liquor were planted on him on the basis of some fabricated disclosure statement. of his. He was taken to PS Sadhaura and locked up there. Threat was given to him that he would be beaten and paraded in the town. At about 10 a.m., his son and his cousion brother Sudan Singh came in PS Sadhaura. Constable Satish Kumar and driver constable Jangsher Singh told them that if they wanted that Lakhbir Singh should not be beaten and paraded in the town, they should give them Rs. 20,000/ -. If they were given Rs. 20,000/ -, they would save Lakhbir Singh from being beaten up paraded. Lakhbir Singh's son Surinder Singh got his signatures on a blank paper and Rs. 15,0001 - was got transferred from his father's account in Cooperative Bank, Sadhaura to the account of Yashpal Sachdeva and withdrew Rs. 15,0001from that account. He added Rs. 5,000/ - to that amount and gave Rs. 20,000/ - to Sudan Singh in the PS Sadhaura for being passed on to constable Satish Kumar and driver constable Jangsher Singh for being passed on further to SHO Jawala Singh as Jawala Singh had demanded that amount. Rs. 20,000/ - was taken as illegal gratification by constable Satish Kumar and driver constable Jangsher Singh for being passed on to SI Jawala Singh. Case was registered on the application made by Lakhbir Singh to DIG, Ambala. DIG, Ambala got conducted an inquiry through Rajinder Singh, DSP, Jagadhari who found the allegations levelled against Jawala Singh, constable Satish Kumar and constable driver Jangsher Singh to be correct. Matter was got further proved from DSP (H) Shri Rattan Singh. DSP Om Parkash also conducted inquiry. He also found the allegations to be correct and eventually this case was registered.