The decision highlighted the importance of legal scrutiny and the debatable nature of evidence in granting bail, emphasizing the presumption of innocence until proven guilty.

JUDGMENT

Raj Mohan Singh, J. - Vide this common order, CRM-M No.34718 of 2022 titled Sadhu Singh Dharamsot Vs. State of Punjab and CRM- M No.34487 of 2022 titled Daljit Singh Vs. State of Punjab are being disposed of.

2. Prayer in both the petitions is for grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.7 dated 06.06.2022 registered under Sections 7-A, 13(1)(a)(2) of Prevention of Corruption Act, 1988 (Amendment Act, 2018) and Section 120-B IPC at Police Station Vigilance Bureau, Flaying Squad 1, District SAS Nagar Mohali.

3. Petitioner Sadhu Singh Dharamsot belongs to political strata.

4. The present FIR has been registered at the instance of Harvinder Pal Singh, Deputy Superintendent of Police, Vigilance, Bureau, Unit SAS Nagar. During investigation of FIR No.6 dated 02.06.2022 under Sections 7, 7-A of the PC Act as amended by P.C. (Amendment) Act, 2018 and under Section 120-B IPC, Police Station Vigilance Bureau, Phase-1, Punjab at Mohali, accused Harmohinder Singh, Contractor, Forest Department made a statement under Section 27 of the Evidence Act that since 2017 till date, whatever bribe was being paid from time to time to the senior officers of Forest Department and political persons and their aides, he had maintained a diary, which was concealed by him in the basement of his residential house. He could get the diary recovered by identifying the place. On the basis of aforesaid statement of Harmohinder Singh, diary was recovered and facts in detail were came to be known in respect of bribery paid to the Forest Department and political persons and their aides. The diary allegedly has the details of felling of khair trees, transfer of officers, amount of bribe allegedly paid to petitioner Sadhu Singh Dharamsot (Former Minister), regarding Amit Chauhan, regarding issuance of NOC, regarding purchase of tree guards, embezzlement in plantation drive, forgery in fake expenses of fencing, leveling of hill area in Mohali District and regarding mining.

5. During investigation, it was revealed that Harmohinder Singh since about 10 years was involved in contract-ship for felling of khair treas. Earlier he had worked with different contractors on commission basis. Since about 5 years, he was working as contractor through his Firm Guri Har Associates. They carried out the work of khair trees from the month of October to March, for which, they had to take permit from Forest Department. In lieu of this work, bribe was received by the Forest Department from them. For one season, the accused used to get permits of felling of about 7000 trees and for this purpose, an amount of Rs.500/- per tree was being paid to petitioner Sadhu Singh Dharamsot, who was Former Minister of Forest Department, an amount of Rs.200/- was being paid to the Division Forest Officer, an amount of Rs.100/- was being paid to the Range officer, an amount of Rs.100/- was being paid to the Block Officer and an amount of Rs.100/- was being paid to the Forest Guard. In this way, an amount of Rs.1000/- was being paid for one tree and for 7000 trees, the amount came out to be Rs.70 lacs, which was being paid every year of season. About 15 contractors were involved in this business and they also had to pay in a similar manner. Non-payment of the aforesaid amount resulted in non-issuance of permit by the Forest Department and the contractor was being scared for imposition of heavy amount of penalty. During investigation, it was revealed that the petitioner was being paid bribe of Rs.500/- per tree and this amount was being collected by Kamaljit Singh, resident of Khanna, who is journalist of newspaper "Jagbani". This person has got the security of Punjab police. During investigation, it was further revealed that Amit Chauhan, Division Forest Officer was posted at Rupnagar. During this period, Harmohinder Singh got issued permits of felling of 1160 trees at Badiali Kalan Sub Division Anandpur Sahib from Amit Chauhan. For this purpose, he gave bribe of Rs.5,80,