Pankaj Kumar @ Meenu Malhotra vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1783

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anoop Chitkara, J.
Pankaj Kumar @ Meenu Malhotra – Appellant
Versus
State of Punjab – Respondent
CRM-M No. 28329 of 2023
Decided On : 03-07-2023

Advocates appeared:
For the Parties :Mr. Bipan Ghai Senior, Advocate, Mr. Nikhil Ghai, Mr. Prabhdeep Singh Bindra, Mr. Karunesh Kaushal AAG, Punjab

Headnote:(A) Prevention of Corruption Act, 1988 - Sections 7, 8, 12, 13(2); IPC Sections 409, 420, 467, 468, 471, 120-B - Bail application - Allegations of accepting bribes related to tender processes for food procurement and transportation - Court grants bail, emphasizing no need for pre-trial incarceration due to completion of investigation and a justifiable case for bail based on specific terms imposed. (Paras 1, 5, 11)

(B) Bail - Principles - The discretion in bail matters must be exercised judiciously, with consideration for the gravity of the offense, the need for trial integrity, and the accused’s rights against unjust incarceration. (Paras 6, 10, 12)

Facts of the case:
Accused is charged with receiving bribes while being part of tender allotment processes in the Punjab Food Supply Department, where discrepancies in tender applications and alleged collusion have been identified. (Paras 1, 4)

Findings of Court:
Given the particular circumstances, including prior incarceration time served, the completion of the investigation, and the imposition of stringent bail conditions, the accused's release on bail is justified. (Paras 5, 11)

Issues: The primary issues addressed involve the scrutiny of the bail application due to the ongoing nature of the case and the adequacy of measures to ensure compliance with judicial processes. (Paras 2, 6)

Ratio Decidendi: The court holds that the completion of the investigation alleviates the need for continued incarceration and establishes a foundation for granting bail, provided stringent conditions are met to prevent potential justice obstructions. (Paras 7, 8)

Result: Petition allowed, and bail granted subject to conditions.

Table of Content
1. allegations surrounding bribery and tender process. (Para 1 , 4)
2. petitioner's plea for bail based on family impact. (Para 2 , 3)
3. conditions outlined for pre-trial incarceration. (Para 5)
4. legal precedents regarding bail conditions. (Para 6 , 7 , 8 , 10)
5. final bail conditions and obligations. (Para 9 , 11 , 12 , 13 , 14 , 19)
6. court's intent and procedural clearances for bail. (Para 20 , 21 , 22)

Judgment

Mr. Anoop Chitkara, J. :-

FIR No.	Dated	Police Station	Sections
18	22.9.2022	Vigilance Bureau Range Jalandhar, Bathinda, District Jalandhar.	409, 420, 467, 468, 471, 120-B IPC and Sections 7 , 7A, 8, 12, 13(2) of the Prevention of Corruption Act, 1988.

1. Petitioner, incarcerating in the FIR captioned above, on the allegations of receiving bribe through his conduits for compromising tender for food procurement and transportation, its quality, and conditions, has come up before this Court under Section 439 CrPC seeking bail.

2. Petitioner’s counsel prays for bail and has no objection to imposing any stringent conditions. The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

3. The State opposes the bail.

4. That the prosecution case, in brief, is that during the course of inquiry of the complaint bearing no.23/2022 Ludhiana filed by complainants Honey Kumar, it was found that in the year 2020-21, Food and Supply Department Punjab had issued certain Transportation and Labour Cartage Policies after getting approval from the Punjab Cabinet for transportation and labour cartage work of the wheat/paddy/stock articles. As per these policies, the Director, Food Civil Supplies and Consumer Disputes Punjab had got advertised some advertisements in the newspapers inviting tenders. For the purpose of allotting tenders, District Tender Committee was constituted and the Chairman of this committee was to be the Deputy Commissioner of the concerned district or any other official appointed by him not less than the rank of Deputy Director, Field Food Civil Supplies and Consumer Disputes and the District Managers of the Purchase agencies were to be its members. For the year 2020-21 tender allotment committee of Shaheed Bhagat Singh Nagar consisted of Shrimati Rajnish Kumari, Deputy Director (field) Food Civil Supplies and consumer affairs department, Jallandhar Division, Jallandhar, Chairman of Tender Allotment Committee, Shri Rakesh Bhaskar, District Controller, Food Civil Supplies and Consumer Affairs Department, Shaheed Bhagat Singh Nagar (Convener, who is dead), Shri Janak Raj, District Manager PUNSUP, Shaheed Bhagat Singh Nagar (Member), Shri Karandeep Singh, District Manager warehouse, Shaheed Bhagat Singh Nagar (Member), Shri Sanjeev Chopra, District manager Markfed, Shaheed Bhagat Singh Nagar (Member), Shri Tapas Ranjan Sethi, District manager FCI, Jalandhar (Members). In the same way during year 2022-23 Secretary of allotment committee, Shaheed Bhagat Singh Nagar, Food Civil Supplies and consumer affairs department, Punjab had appointed Shri Tarvinder Singh Chopra, Deputy Director (Field) Food Civil Supplies and consumer affairs department, Jalandhar Division, Jalandhar as chairman of tender allotment committee and Shrimati Madhu, District Controller, Food Civil Supplies and consumer affairs, Shaheed Bhagat Singh Nagar as convener and Shri Sarabjit Singh, District manager PUNSUP, Shaheed Bhagat Singh Nagar (Member), Shri Sukhwinder Singh, District manager warehouse, Shaheed Bhagat Singh Nagar, Shri Sachin Garg, District manager, Markfed, Shaheed Bhagat Singh Nagar (Member), Shri Aridam Chaudhary, District Manager, FCI Jalandhar (Member). These committees got of their respective clusters at Shaheed Bhagat Singh Nagar. As per the Clause (6) of transportation policy and Clause (7) of Labour Cartage policy in order to properly