KRISHAN SINGH JAMWAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No.4/2009 dated 19.02.2009, registered at Police Station, State Vigilance and Anti Corruption Bureau, Kullu, under Sections 420,467,468, 471 IPC and Section 13(2) of Prevention of Corruption Act, 1988.

(2.) IT has been stated that complaint was received in the Office of Vigilance Bureau on 20.10.2008. IT was alleged that petitioner was posted in the Office of Electrical Sub Division, Kullu, in the year 2001-02. The petitioner obtained tenders in the names of his nephew Shalender and domestic help Sher Singh. The said two persons were Whether the reporters of the local papers may be allowed to see the Judgment?Yes shown as contractors only on papers, whereas, the petitioner misappropriated the entire government money himself.

(3.) THE status report has been filed. It has been stated that case has been registered on the basis of complaint dated 20th October, 2008. It has come in the investigation that petitioner in the year 2001-02 was serving in Electrical Sub Division, Kullu. Shalender is real nephew of petitioner and Sher Singh had been working as domestic help with petitioner since the year 2000. In the year 2001-02, the petitioner procured tenders in the name of Shalender and Sher Singh. It has further come in the investigation that Shalender took payment himself, but Sher Singh during investigation disclosed that he did not submit any tender nor he has submitted any bill, voucher and gave his signatures in token of withdrawing the cheque. It has come in the investigation that total four works amounting to Rs.2,87,776/- were awarded to Sher Singh and out of this payment of Rs.1,63,367/- has been made in the name of Sher Singh. THE submission has been made for rejection of the bail application.