Crl. Misc. No. M- 26174 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 26174 of 2010 (O&M) Date of Decision: September 16, 2010 Ramratan Bansal ........Petitioner Versus State of Punjab ........Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. T.S. Sangha, Senior Advocate with Mr. Madan Sandhu, Advocate, for the petitioner. Ms. Rajni Gupta, Addl. A.G. Punjab. SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.93 dated 5.8.2010, under Sections 7,8,13(2) of the Prevention of Corruption Act, 1988 and Section 384 of Indian Penal Code registered at Police Station Budhlada, District Mansa. The contents of the FIR in para 2 of the petition read as under :- “Statement of Naval Kumar s/o Sat Narain Aggarwal resident of Avenue near FCI Godown Budhlada, aged about 42 years. I am resident of above mentioned address and I have a R.O. shop near Rode crossing. Indu daughter of Mithu Ram Pandit resident of Near Harnek School Budhlada is already known to me. She often uses to meet Crl. Misc. No. M- 26174 of 2010 (O&M) 2 me. On 29.07.2010, I received call from Indu saying that she has domestic problem. I want to consult you alone. Then I told her to come to the house of my maternal uncle’s son Shintu s/o Kishan Kumar R/o Ahimadpur near Baltiya wala Karkhana and that I will also reach there. At about 10.15 a.m. I again received call from Indu saying that she has reached the place and asked me to come early there and I reached there within about 5/7 minutes. When we were about to enter the house then Chatra, Press Reporter Ram Rattan Bansal Press Reporter of Jagbani instigated some other persons from the locality that he is doing illegal acts here. He requested them with folded hands by saying that Indu had some domestic problem and they could enquire the same from her and that I was not doing any illegal act but nobody paid heed to my requests. Ram Rattan Press Reporter took me to one side and told me that other press reporters and police have knowledge about this act and that I will not be spared without parting with money. I promised to pay him money and fled from there. After this I straight away went to Satish Kumar s/o Charandass resident of Railway Road Budhlada, who is running Aggarwal gun house and is my friend where Sukhwinder Singh alias Subash son of Lal Chand Khatri resident of Budhlada was also sitting. I narrated the whole incident to them. Sukhwinder Singh assured him not to worry stating that he has say in the Crl. Misc. No. M- 26174 of 2010 (O&M) 3 police station and that press reporters also belongs to our city and he will manage them accordingly. Then I left the place. Then on the same day at about 04.00 p.m. Satish Kumar called me at this shop through telephone and when I reached there on the shop of Satish Kumar there Satish Kumar and Sukhwinder were present. In the meanwhile Chatra Press Reporter who is handicapped from leg alongwith Tony press reporter who is working as Photographer with Ajit and Swaran Rahi Press Reporter also come there. In the presence of Subash Kumar and Satish Kumar, the above said Press Reporters told me that we will not publish any news against you in the newspaper and demanded Rs.30,000/- from me. I settled the matter with them for Rs.20,000/-. Then I paid Rs.10,000/- to Chatra press reporter and Rs.5000/- each to Toni press reporter and Sawaran Rahi, Press reporters in the presence of Satish Kumar and Sukhwinder @ Subash. Then these press reporters left the spot. Then Sukhwinder @ Subash told me that police also knew about this incident and that I have to pay Rs.20,000/- to S.H.O. Then I gave Rs.20,000/- to Sukhwinder and he left the spot after taking money and I also come back to my shop. Then after about one hour Sukhwinder Singh come to my shop and told me that SHO had gone to Bathinda and he had paid Rs.6000/- to Munshi and Rs.5000/- to Bindri Member Panchayat, who told him that he has also Crl. Misc. No. M- 26174 of 2010 (O&M) 4 left the work and he will also convince the parents of Indu. Also demanded 11 thousand rupees more which I gave him lateron. On next day Bansal press reporter and Manchanda Press Reporters came to my shop at about 10.00 a.m. and said to me that you have settled with Chatra press reporter now talk with us, when I asked them what do you want them they said that you have paid them Rs.20,000/- to them and now you had to pay Rs.20,000/- to us as well. I told the whole story of my brother Varinder Parkash and also asked for arranging of Rs.20,000/-. After getting the money from my brother Varinder Parkash I paid Rs.10,000/- each to both of them. My brother told me that he has received call from the police staying that money which they sent is less and send more money. I have spent Rs.71,000/- already without any reason and press reporters are still black-mailing me for more money. Legal action may kindly be taken against them and I be released from their clutches. I have recorded the statement, heard it, it is true and correct. Naval Kumar abovementioned sd/- Naval Kumar.” Learned counsel for the petitioner has submitted that there was no occasion for the petitioner to demand any money from the complainant. Learned State counsel, on the other hand, has submitted that the petitioner is required for custodial interrogation. Petitioner has been demanding money from the complainant for not publishing the news in the newspaper. Crl. Misc. No. M- 26174 of 2010 (O&M) 5 After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves dismissal. There are serious allegations levelled in the FIR against the petitioner. Petitioner is required for custodial interrogation. Accordingly, this petition is dismissed. (SABINA) September 16, 2010 JUDGE Anand