CRM-M 19883 of 2009 1 In the High Court for the States of Punjab and Haryana at Chandigarh. Decided on Sept 02,2009. Jagmohan Singh -- Petitioner vs. Central Bureau of Investigation,Chandigarh Sector 30 --Respondent. CORAM:HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.R.S.Cheema, Sr.Advocate, with Mr.R.K.Trikha,Advocate,for the petitioner Mr.S.S.Sandhu,Advocate, for CBI,Chandigarh. respondent/State. Rakesh Kumar Jain, J: Apprehending his arrest, the petitioner has applied for anticipatory bail in case registered vide FIR No.Chandigarh CBI,ACB,Chg, 2009,RCCHG2009A0023 dated 13.7.2009, under Section 120-B IPC and Section 7,13 (1) (d) of the Prevention of Corruption Act, 1988,registered at Police Station, Chandigarh CBI,ACB,Chandigarh. The aforesaid FIR was registered on the complaint of Devish Kaushal, partner of M/S Devish Departmental Store, Booth No.15, Sector 42-C, Chandigarh. The relevant portion of the complaint reads as under:- “On 8.7.2009, morning the area Food Inspector Sh.Jagmohan CRM-M 19883 of 2009 2 came to my shop with one another person and told me that he wanted to fill up samples of Food items. I told him that everything in my shop is in order and that he is harassing me without reason. Sh. Jagmohan told me that I should not forget that earlier also he had booked me. He further told that in case I do not want to be harassed I will have to pay him a bribe amount of Rs.3000/-. Sh. Jagmohan Singh also told me that the person with him is Gurmohan Singh his assistant and that he will send him to collect the money by Monday evening on 13.7.2009. He further threatened me that in case I do not pay the bribe amount he will fill up samples and ensure that the samples are not passed. Sir, I do not want to pay the bribe amount. I request you to take action against Jagmohan Singh Food Inspector”. Before coming to this Court, the petitioner had applied for anticipatory bail which was dismissed by learned Special Judge, Chandigarh, on 20.7.2009. Mr.R.S.Cheema, learned Senior counsel for the petitioner has, inter-alia, argued that the complaint made at the instance of Devish Kaushal is motivated because the petitioner was earlier booked for keeping in his possession 20 Kg of white channa for public sale which was unfit for human consumption. In the said case, the complainant was acquitted on technical ground. It is submitted that the alleged amount of bribe of Rs. 3000/- has not been recovered from the petitioner, rather, it has been recovered from one Gurmohan Singh. It is submitted that even after search of the residence of the petitioner, nothing incriminating could CRM-M 19883 of 2009 3 be found. There is no complaint against him either with the police or CBI. It is submitted that after the stay was granted, the petitioner has joined the investigation. The respondent has filed the reply to the bail application and also to Criminal Miscellaneous application filed by the petitioner during the course of hearing. Learned counsel for the respondent has argued that statement of Budh Singh son of late Hans Raj Singh, driver of Zypsy has been recorded under Section 161 Cr.P.C. who has disclosed that on 8.7.2009, at about 9.30 am, he picked up the petitioner and Gurmohan Singh from Govt. Multi Speciality Hospital, Sector 16, Chandigarh and went to Sector 42-C Market,Chandigarh. He parked his vehicle near the road and kept on sitting inside the vehicle whereas the petitioner and Gurmohan Singh alighted from the vehicle and went to the back side of the market where the shop of the complainant is situated. After 10 minutes, both of them came back and then he took them to Hallomajra. It is also alleged that shadow witness had heard the conversation between the complainant and Gurmohan Singh who had stated that he had come to collect the money on behalf of the petitioner. It is submitted that said Gurmohan Singh had talked with the petitioner on his mobile after he was trapped. Learned counsel for the respondent has further argued that apparently, there was no reason for the complainant to have given Rs.3000/- to Gurmohan Singh, who is working as a Peon in the office of Public Health. It is submitted that Gurmohan Singh was acting as conduit for the petitioner. Thus, keeping in view the facts and circumstances of the case CRM-M 19883 of 2009 4 specially the allegation of demand of bribe by the petitioner who is a public servant, I do not find it to be a case of an exceptional circumstance for grant of anticipatory bail. Hence, this bail application is hereby dismissed Sept 02,2009 (Rakesh Kumar Jain) RR Judge