VIKAS BAHL
Satkar Kaur Gehri – Appellant
Versus
State of Punjab – Respondent
Judgment
Mr. Vikas Bahl, J.
This order will dispose of two petitions i.e. CRM-M-56328- 2023 filed by Satkar Kaur Gehri and CRM-M-63520-2023 filed by Jasmail Singh under Section 439 Cr.P.C. for grant of regular bail in case FIR No.23 dated 18.09.2023 (Annexure P-1) under Sections 13(1)B and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter to be referred as “the 1988 Act”) and under Section 120-B of Indian Penal Code, 1860 registered at Police Station Vigilance Bureau Range Ferozepur, District Ferozepur.
FACTUAL BACKGROUND:-
2. Brief facts of the present case are that FIR No.23 dated 18.09.2023 (Annexure P-1) was registered under Sections 13(1)B and 13(2) of the Prevention of Corruption Act, 1988 and under Section 120-B of Indian Penal Code, 1860 at Police Station Vigilance Bureau Range Ferozepur, District Ferozepur by Gurmeet Singh, PPS against both the petitioners who have filed two separate regular bail applications, on the allegations that in pursuance of Vigilance Enquiry No.2 of 2023 carried out with respect to period from 01.04.2017 to 31.03.2022 to check the cre
In cases of disproportionate assets, the delay in FIR registration and the nature of evidence (documentary) can justify bail, especially when health and family circumstances are considered.
The prosecution must establish disproportionate income to deny bail under the Prevention of Corruption Act.
Bail – Pre-trial punishment is not required.
The court must consider all relevant income sources and documents before framing charges under the Prevention of Corruption Act, ensuring a fair evaluation of the accused's financial status.
The main legal point established in the judgment is that the charge can be framed based on the possibility of the commission of a crime, even if the case is based on circumstantial evidence. The Cour....
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