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GURVINDER SINGH GILL
Gurdarshan Singh – Appellant
Versus
State of Punjab – Respondent
GURVINDER SINGH GILL, J.
1. The petitioner seeks grant of regular bail in respect of a case registered against him vide FIR No.26, dated 19.12.2022, Police Station Vigilance Bureau Phase-1, Mohali, District Mohali, under Section 7 of Prevention of Corruption Act, 1988 as amended by Prevention of Corruption (Amendment) Act 2018.
2. The allegations, in nutshell, are that the petitioner who was posted as Data Entry Operator (on contractual basis) in Punjab State Forest Corporation had demanded an amount of Rs.6 lakhs from the complainant’s firm Punjab Timber so as to secure a permission for cutting trees from the land where highway was to come up. It is further the case of prosecution that pursuant to a complaint having been made by the complainant to the Vigilance Bureau, a trap was laid and the petitioner was caught red-handed while accepting illegal gratification of Rs.30,000/-.
3. Learned counsel for the petitioner submits that he has falsely been implicated in the present case and that in any case since investigation already stands concluded, further detention of the petitioner is not required for any purpose. It has also been submitted that the petitioner being an employee on contr
Prolonged detention without examination of key witnesses may lead to the grant of bail, as further detention may not serve any useful purpose.
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 petitioner's prolonged detention, retraction of statements by key witnesses, and the likelihood of trial delay as grounds for granting bail.
The court considered the period of detention, the petitioners' clean record, and the likelihood of a prolonged trial in deciding to grant bail, emphasizing the principle of proportionality in detenti....
The court considered the prima facie evidence, the petitioner's status as a government employee, and her willingness to cooperate with the investigation in granting anticipatory bail.
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