Criminal Misc. No. M-4635 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-4635 of 2009 Date of Decision:10.03.2009 Ganga Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. G.S. Gill, Advocate for the petitioner. Mr. T.S. Salana, Deputy Advocate General, Punjab. **** JUDGMENT HARBANS LAL, J. (Oral) This petition has been moved by Ganga Singh under Section 439 of Cr.P.C seeking his regular bail in case FIR No.5 dated 23.1.2009 registered under Sections 7, 13(2) of Prevention of Corruption Act at Police Station Vigilance Bureau, Jalandhar. The facts in brief are that Nirmal Kumar- complainant was of the view of his having been falsely implicated in a criminal case lodged at Police Station Goraya. He met the petitioner as the latter was posted at the relevant time as SHO, Police Station Goraya. Complainant- Nirmal Kumar moved an application requesting the petitioner for deleting his name from the array of accused. The petitioner retained the application with him and asked for being paid Rs.15,000/- as illegal gratification for doing the needful. Nirmal Kumar pleaded poverty with the petitioner. Ultimately, the petitioner agreed to do the job on being paid illegal gratification of Criminal Misc. No. M-4635 of 2009 -2- Rs.10,000/- by the same evening. The complainant went to Vigilance Bureau and narrated the entire matter. The raid was arranged. The petitioner was apprehended red handed with tainted currency notes worth Rs.10,000/-. Learned counsel for the petitioner submits that the complainant- Nirmal Kumar is a gambler and is trafficking of narcotics and various other offences and he is a man of shady character. He further puts that indeed the petitioner neither put forth the alleged demand nor accepted the alleged tainted currency notes and he has been falsely implicated in this case. As against this, Mr. Salana argued that in view of the gravity of the offence, the petitioner should not be admitted to bail. I have well considered the rival contentions. A glance through paragraph No.5 of the petition, would reveal that as many as eight cases stand registered against the complainant- Nirmal Kumar. Statedly, the investigation is complete and sanction is awaited. The petitioner is in custody since 23.1.2009. The presentation of challan and conclusion of trial would take considerable time. Without meaning to expression of opinion on merits of the case, I deem it a fit case to admit the petitioner to bail. Bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Jalandhar. The petition is disposed of. March 10, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No