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AVNEESH JHINGAN
ASI Sukhdev Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Avneesh Jhingan, J. - This is a petition seeking regular bail in case of FIR No.16 dated 13.10.2022, under Section 7 of the Prevention of Corruption Act, 1988 (Amendment Act, 2018), registered at Police Station Vigilance Bureau, Bathinda, District Bathinda.
2. The brief facts are that the FIR was registered at the instance of Des Raj. It was alleged that petitioner posted as ASI demanded illegal gratification for presenting the challan in FIR No. 328 dated 12.12.2020, under Sections 325, 323, 341, 452, 148, 149 IPC registered at Police Station City Malout. He had accepted part payment of illegal gratification. To support his case, complainant produced an audio recording.
3. Learned counsel for petitioner submits that it is a case of false implication to pressurize the petitioner to act as per the whims and fancies of complainant in the FIR. The contention is that the petitioner is in custody since 13.10.2022. Investigation is complete. Challan stands presented. The petitioner has given his voice sample.
4. Learned State counsel on instructions opposes the prayer but is not disputing the fact that investigation is complete, voice sample has been taken and petitioner is not invo
The completion of investigation, absence of further recovery, and the likelihood of trial taking time are relevant factors in considering bail for an accused.
The court considered the evidence, circumstances, and the petitioner's detention period to determine the justification for his further detention and granted bail accordingly.
The court considered the lack of specific attribution and recovery in the bribery allegations as grounds for granting bail to the petitioner.
Grant of bail based on the absence of recovery, the likelihood of a lengthy trial, and the lack of criminal antecedents, without expressing an opinion on the merits of the case.
The court established that prolonged detention without ongoing investigation and the potential delay in trial can be grounds for granting bail under Section 439 Cr.P.C.
Grant of bail based on completion of investigation and delay in trial due to awaited prosecution sanction for co-accused.
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