PUNJAB & HARYANA HIGH COURT
M.M.S.Bedi, J.
Raj Pal
Versus
State Of Haryana
Criminal Miscellaneous No. 1947 of 2009,
Decided On : MARCH 6, 2009
Corruption - Electricity Connections - The court dismissed the petition for pre-arrest bail based on consistent complaints of the petitioner demanding and receiving money from consumers for providing electricity connections under a government scheme, despite the petitioner's defense that it was not within his duty to provide electric connections.
Fact of the Case:
The petitioner was accused of demanding and receiving money from consumers for providing electricity connections under a government scheme. The petitioner argued that it was not within his duty to provide electric connections.
Finding of the Court:
The court dismissed the petition for pre-arrest bail, stating that the petitioner's defense may be a ground for seeking the concession of regular bail, but granting pre-arrest bail to a person against whom there are consistent complaints of corruption cannot be granted the extraordinary relief of pre-arrest bail.
Issues: The main issue was whether the petitioner should be granted pre-arrest bail despite consistent complaints of corruption in demanding and receiving money from consumers for providing electricity connections.
Ratio Decidendi: The court considered the consistent complaints against the petitioner for corruption and concluded that the defense of the petitioner may be a ground for seeking regular bail, but it was not sufficient for granting pre-arrest bail.
Final Decision: The petition for pre-arrest bail was dismissed, but the order would not affect the petitioner's rights to seek regular bail.
M. M. S. Bedi, J.
1. -the petitioner, as per the contents of the FIR has been stamped a thoroughly corrupt official indulging in demanding and receiving a sum of Rs.200 per consumer while providing electricity connections under a scheme of the Government to provide electricity connections to the persons below poverty line. On the basis of the allegations of the consumers, the FIR stands registered and he has also been suspended.
2. Learned counsel for the petitioner has submitted that no recovery of any tainted amount has been made from the petitioner and that it is not within the ambit of the jurisdiction of the petitioner to provide any electric connection to any of the consumers under the abovesaid scheme. He has further contended that one of the complainants, namely, Sat pal is inimical towards the petitioner as the petitioner has got permanent disconnection of his electric connection on account of his having failed to pay the bill.
3. I have heard learned counsel for the parties. The petitioner, no doubt, has got a probable defence against complainant satpal but there have been consistent complaints against the petitioner for demanding and receiving money from the consumers.- The plea of the petitioner that it is not his duty to provide electric connection, may be a good defence and "ground for seeking the concession of regular bail but granting pre-arrest bail to a person against whom there are a number of complaints of corruption, cannot be granted the extraordinary relief of pre-arrest bail. The petition is dismissed.
4. This order will not, in any manner, affect the rights of the petitioner to seek regular bail. Learned counsel for the petitioner has submitted that a direction be issued that the application for regular bail of the petitioner may be decided on the same day. The petitioner will be at liberty to make such a request to the Court concerned at the time of applying regular bail. . Petition dismissed.
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