In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 26854 of 2010 (O&M) Date of decision: 5.10.2010 Vinod Kumar ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.I.K.Mehta, Sr. Advocate with Mr.M.S.Kohli, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 30 dated 28.1.2010, under Sections 7, 8 and 13(2) of the Prevention of Corruption Act, 1988 read with Section 353, 332, 224 of the Indian Penal Code, registered at Police Station City Barnala. Prosecution story, in brief, as per the FIR (Annexure P-1), reads as under:- “Copy of order No.1362 dated 28.1.2010 from SSP Barnala through DSP Barnala, received through PHG Balwant Singh 7210, whose subject is as under Criminal Misc. No.M- 26854 of 2010 (O&M) -2- No.59 dated 28.1.2010 from Archna Puri, Addl.District and Sessions Judge, Barnala to the S.S.P. Barnala dated, Barnala, the subject: request regarding registration of criminal case against Shri Kulwant Singh, Judgment Writer and others. That Sh.Kulwant Singh was posted as Judgment Writer in my court and he worked in that capacity till 22.1.2010, there was appeal titled as Mohinder Singh vs. Budh Singh and others Civil Appeal No.63 of 26.8.2004 pending in my court. After hearing arguments in the said appeal, it was disposed of on 7.12.2009. A letter bearing No.362/5B dated 14.1.2010 was received by me from the office of learned District and Sessions Judge Sangrur, thereby asking me to report about the status of appeal of Mohinder Singh. On receipt of aforesaid letter Sh.Kulwant Singh, Stenographer attached to my court had brought to my notice about some money having exchanged hands in my name and about involvement of Sh.Kulwant Singh, Judgment Writer in the same, upon this, I had enquired about the matter from Sh.Kulwant Singh, Judgment Writer and when called upon to explain his conduct, he had got recorded his statement on 22.1.2010 thereby disclosing about sum of Rs.5,00,000/- having been handed over by Sh.Pritpal Singh s/o Mohinder Singh to one Sh.Vinod Kumar s/o Criminal Misc. No.M- 26854 of 2010 (O&M) -3- Ram Kishan r/o Dhuri also be stated therein about said money to have been handed over in his presence to get the favourable decision in the appeal pending in my court. The conduct of aforesaid judgment writer Sh.Kulwant Singh was reported to the learned District and Sessions Judge, Sangrur vide letter Confidential No.38 dated 22.1.2010 and also even statement of Sh.Kulwant Singh Judgment writer was sent along with the same. Now I have been instructed to get the criminal case registered against Sh.Kulwant Singh, Judgment Writer and others who indulged in the nasty deed, as per the confidential letter No.754 dated 28.1.2010 as directed by the Hon'ble High Court. As such matter is brought to your kind notice to register the criminal case against Sh.Kulwant Singh, Judgment Writer and others.” Learned senior counsel for the petitioner has submitted that the petitioner is innocent and has been falsely involved in this case by Pritpal Singh to settle accounts. The petitioner is in custody since 26.5.2010. After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves to be dismissed. The allegations levelled against the petitioner are that he had taken Rs.3,00,000/- on one occasion and Rs. 5,00,000/- on Criminal Misc. No.M- 26854 of 2010 (O&M) -4- another occasion and had given assurance to Mohinder Singh etc. that civil appeal pending in the Court of Mrs.Archana Puri, Additional Sessions Judge, would be decided in his favour. Keeping in view the seriousness of allegations levelled against the petitioner, no ground for grant of bail is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE October 05, 2010 anita