IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-15050 of 2011 DATE OF DECISION: June 01, 2011 Sarbjit Singh HC No.213/Moga …..Petitioner versus State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.A.S. Manaise, Advocate for the petitioner Mr.Shilesh Gupta, DAG, Punjab .. RAJAN GUPTA, J.: (Oral) This is a petition under section 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioner under sections 7,13(2) of the Prevention of Corruption Act, 1988 vide FIR No.40 dated 14.4.2011 at police station Sadar Moga. Learned counsel for the petitioner submits that in the alleged incident no money was actually handed over to petitioner. Thus, offence under the Act is not made out against him and he is entitled to concession of pre-arrest bail. Learned State counsel has, however, opposed the prayer for bail. He submits that petitioner along with co- accused had demanded Rs.10,000/-. Later, an amount of Rs.6,000/- was handed over to Daljit Singh, who was apprehended on the spot. However, petitioner succeeded in fleeing away. He submits that name of the petitioner Crl.Misc.No.M-15050 of 2011 - 2 - figured in the statement of co-accused and he is required for the purpose of custodial interrogation. Heard. Complaint was lodged by one Rajiv Kumar who stated before Deputy Superintendent of Police, Ludhiana that he was going in canter bearing No.PB-29A-9979 from Ludhiana to Ferozepur. Empty drums were loaded in the canter which was being driven by Rajinder Kumar. At about 10.00 P.M. when they reached near railway crossing Dagru, a Maruti car bearing No.PB-04C-0241 came in front of them and stopped. Out of said car, Daljit Singh and Sarbjit Singh alighted. They told the complainant and the driver that they would have caused an accident by hitting the Maruti car. Thereafter, they took away the documents of the canter asking them to reach police station the next day alongwith Rs.10,000/- failing which a case of accident would be registered. Next day, Rs.6,000/- were handed over in the police station itself to Constable Daljit Singh. However, Sarbjit Singh (petitioner herein) could not be apprehended. In view of nature of allegations, I am of the considered view that petitioner is not entitled to concession of pre-arrest bail The petition is devoid of merit and is hereby dismissed. June 01, 2011 ( RAJAN GUPTA ) pc JUDGE 2