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2021 Supreme(P&H) 470

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AVNEESH JHINGAN, J.
Jaspreet Singh @ Jas - PETITIONER
VERSUS
State of Haryana – RESPONDENT
CRM-M-13809 of 2021 and CRM-M-11036 of 2021 (O&M)
DECIDED ON : 14-07-2021

Advocates Appeared:
For the Petitioner:Mr. Arun Luthra, Advocate and Mr. V.B. Aggarwal, Advocate.
For the Respondent: Ms. Harpreet Kaur, AAG Haryana

The completion of investigation, absence of recovery, and the likelihood of trial taking time were key factors considered by the court in granting bail to the petitioners.

Headnote:

Bail - Corruption - The court granted bail to the petitioners, Jaspreet Singh and Parveen, in a case involving charges under Sections 420, 186, 201, 120-B IPC and Sections 7, 7-A and 8 of the Prevention of Corruption Act, 1988, where they were accused of facilitating the passing of overloaded vehicles, causing loss to the state exchequer. The court considered the completion of investigation, absence of recovery, and the likelihood of trial taking time in granting bail to the petitioners.

Fact of the Case:

The petitioners, Jaspreet Singh and Parveen, filed petitions for grant of regular bail in a case involving charges under Sections 420, 186, 201, 120-B IPC and Sections 7, 7-A and 8 of the Prevention of Corruption Act, 1988, related to passing overloaded vehicles and forwarding information about checking officers.

Finding of the Court:

The court granted bail to the petitioners, considering the completion of investigation, absence of recovery, and the likelihood of trial taking time. The petitioners were granted bail on furnishing surety bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.

Issues: The issues involved the grant of bail to the petitioners who were accused of facilitating the passing of overloaded vehicles, causing loss to the state exchequer.

Ratio Decidendi: The court considered the completion of investigation, absence of recovery, and the likelihood of trial taking time in granting bail to the petitioners.

Final Decision: The petitioners, Jaspreet Singh and Parveen, were granted bail on furnishing surety bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.

JUDGMENT :

AVNEESH JHINGAN, J.

1. The matter is taken up for hearing through video conference due to COVID-19 situation.

2. These are two petitions filed by petitioners-Jaspreet Singh @ Jas and Parveen for grant of regular bail in case of FIR No. 590 dated 2.11.2020, under Sections 420, 186, 201, 120-B IPC and Sections 7, 7-A and 8 of the Prevention of Corruption Act, 1988, registered at Police Station Sadar, Thanesar.

3. A secret information was received that owners of certain vehicles were passing overloaded vehicles after getting information about checking officers like Regional Transport Authority (RTA), SDM and Sales Tax Authority and a WhatsApp Group was being run in each District on which the information was forwarded. Acting on the information, Jaspreet Singh @ Jas was apprehended. As per case set up Jaspreet Singh @ Jas was employee of Amarjeet getting salary of Rs.1000/- per month.

4. He use to collect the information and forward it to Amarjeet.

5. Parveen, the Chowkidar in Market Committee was apprehended and the allegations are that he was passing the information regarding the movement of the officials.

6. Learned counsel for the petitioners submit that the petitioners are in custody for more than seven months. No recovery is to be made and the investigation is complete. It is further argued that even as per the case set up by the prosecution, Jaspreet Singh @ Jas was only an employee of the Admin of the group. Parveen was a Chowkidar and nothing to do with RTA, SDM and STA.

7. Learned State counsel opposes the grant of bail and submits that the petitioners were the limbs facilitating passing of over loaded vehicles thereby causing loss to the state exchequer. She on instructions from DSP Narinder Singh submits that challan has been presented and charges framed.

8. Investigation in the present case is complete. No recovery is to be made from the petitioners. The petitioners are in custody for more than seven months. Conclusion of trial is likely to take time. No useful purpose would be served by keeping the petitioners behind bars. The petitioners are granted bail on furnishing surety bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.

9. It is clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.

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