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Judgment
SANJAY VASHISTH, J. (Oral)
Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-
| Name of petitioner | FIR No. | Date | Section(s) | Police Station | District |
|---|---|---|---|---|---|
| Gurbir Singh Kohli | 14 | 12.06.2025 | 7, 8 of Prevention of Corruption Act and 318, 61(2) of BNS | Vigilance Bureau | Ludhiana |
FIR in the present case has been registered at the instance of complainant Karamjit Singh @ Kamal, who is P.A. to one Shri Hakam Singh Thekedar, MLA, Rajkot. The case, as developed in the FIR, reads as under:-
"xxx Stated that I am resident of the above address and I am presently posted as a PA with Sh. Hakam Singh Thekedar, MLA Raikot and I want to inform you that Sh. Gursewak Singh, son of Gurdarshan Singh, resident of Village Baraich, Tehsil Raikot, District Ludhiana, who is our party worker, had earlier brought to my notice that SDM, Tehsildar of Tehsil Raikot, District Ludhiana and Jatinder Singh, Steno posted there and other staff are taking huge bribes from innocent people in lieu of doing their work. I assigned him the duty to keep a watch on the transactions of this bribe and bring it to my attention. Gursewak Singh kept watch as per my instructions and today, he phoned me through his mobile No.95921-58300 at around 2.00 pm that Jatinder Singh, Steno had taken a huge amount of bribe money from a person in 2 bags and kept it in his cupboard. Upon which, I along with Gurdev Singh, son of Jagdev Singh, resident of Barundi, Tehsil Raikot, District Ludhiana came to the office of SDM Raikot and asked Jatinder Singh from whom he had received this bribe. He got scared and started evading, which I brought to the notice of MLA, who informed you and DSP Raikot Sh. Harjinder Singh etc. Upon which, DSP Harjinder Singh immediately reached the spot along with his force and did not allow anyone to tamper with the things kept in the steno room. Now, you have come and I got my statement typed by narrating, which you typed word by word. Appropriate legal action may kindly be taken against them. Statement got recorded, which is correct. Sd/-Karamjeet Singh. Statement confirmed by Sd/-Gursewak Singh. Attested by Sd/- Shiv Chand, DSP Vigi R-2 Ludhiana 12.06.2025."
Thereupon recovery of the total amount of Rs.24,06,000/- was effected from the cupboard there in the cabin of accused Jatinder Singh, PA, however, explanation given by the said accused was that the amount apart bribe money of Rs.10 Lakh, there is lease money qua his own land to the tune of Rs.9.50 Lakh and Rs.3 Lakh was the loan money taken by him from the HDFC Bank and Rs.2 Lakh has been given by his father. The said explanation was got recorded by accused Jatinder Singh in his disclosure statement on spot.
While issuing notice to the respondent-State on 14.11.2025, arrest of the petitioner was also stayed and since then due to the stay of arrest, the petitioner could not join investigation.
Mr. Boparai, learned senior counsel for the petitioner submits that in fact there was some litigation regarding recording the mutation qua land and as per the disclosure statement of accused Jatinder Singh, the amount of Rs.10 Lakh had been taken by him on the asking of the S.D.M. (present petitioner), by giving assurance of staying the mutation proceedings, which were pending before him.
Instant anticipatory bail petition has been filed by petitioner-Gurbir Singh Kohli, who was posted as Sub Divisional Magistrate in the office dealing with the file, however contention of Mr. Boparai, learned senior counsel for the petitioner is that proceedings were adjourned sine die same day and; had there been any truth in the allegations, any of the party could have made complaint prior in time. It is only on recovery of the amount from his official Personal Assistant that through the disclosure statement, petitioner is also involved as accused in the case. Petitioner is ready to join investigation and to fully cooperate.
On queried by the Court, learned Additional Advocate General, Punjab, submits that except of the disclosure statement, during investigation, no other evidence such as, telephonic or mobile phone conversation between the two was found to be there.
Issue which arises for consideration, though not required to be adjudicated at this stage, is that whether the petitioner should be subjected or not, for custodial interrogation, only on the basis of the co-accused's disclosure statement, whereas corroborative evidence to confirm the contents of the disclosure statement either not available or it is yet to be collected. Another issue, which arises is, as to why the allegation of demand was never pointed out by either of the parties to the mutation proceedings, prior to the date fixed in the mutation case, if the bribe amount was ever demanded earlier by accused Jatinder Singh to further pay it to the petitioner.
In view of the aforementioned, petition is allowed and petitioner is directed to join the investigation within two weeks from today or as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. In the event of arrest, the petitioner shall be released on bail, subject to furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 438(2) Cr.P.C.
However, it is made clear that in case the petitioner does not join investigation within aforementioned time, present bail order would be deemed to be inoperative.
Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport.
Accordingly, petition stands disposed of.
Pending application(s), if any, also stands disposed of accordingly.