JEEVAN KUMAR Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) PETITIONER -Jeevan Kumar had approached the Sessions Court, Chandigarh, under Section 438 of the Code of Criminal Procedure for bail in anticipation of arrest, but the learned Additional Sessions Judge, Chandigarh, had declined the relief. Hence he has approached this Court for the same relief.

(2.) THE case of the prosecution is as follows :- Complainant-Ishar Singh Bedi is a resident of House No. 69, Sector 18-A, Chandigarh. He had given an advertisement in the paper to rent out his house. Two ladies who gave their names as Sarabjit and Meenakshi came to take this house on lease and the complainant showed them the house. About 20 days or a month thereafter both of them came inside the house, sat down and were enquiring from him about his house. After ten minutes one Thanedar in uniform, who was a Sikh, accompanied by a clean shaven boy in plain clothes came inside. The thanedar told that the complainant was selling opium and poppy and asked the accompanying boy to search. While carrying out the search, the boy took out a polythene bag from those women and said that a bag had been found which contained poppy husk. The complainant informed the thanedar that the bag did not belong to him and he does not indulge in this trade. The thanedar told him that the offence is punishable with severe sentence. The two women said that the complainant should give some money and that they will get the matter settled. The complainant gave Rs. 20,000/- to the women known as Sarabjit, who in turn gave it to the thanedar. The thanedar told the complainant to give some money to those women also for which the complainant said that he had no money with him. The thanedar said that he must be having a cheque book and filled a cheque for Rs. 10,000/- in his own hand and got it signed from the complainant. After that the thanedar and the two women went away.

(3.) IT is on this basis FIR No. 142 dated 22.12.1998 under Sections 384, 389, 34 IPC and Section 13(i)(ii) of the Prevention of Corruption Act, 1988 came to be registered.