Bharat Bhushan Ashu vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2472

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA, J.
Bharat Bhushan Ashu – Petitioner
Versus
State of Punjab – Respondent
CRM-M NO. 321 of 2023 (O&M)
Decided On : 24-03-2023

Advocates Appeared:
Mr. Bipan Ghai, Sr. Advocate with Mr. Nikhil Ghai, Advocate; For the Petitioners in CRM-M-321 of 2023.
Mr. Puneet Bali, Sr. Advocate with Mr. Nitin Kaushal, Advocate; For the Petitioners in CRM-M-7421 of 2023.
Mr. R.S. Rai, Sr. Advocate with Mr. Ferry Sofat, Addl.A.G., Punjab and Ms. Eknoor Kaur Sara, Advocate for the State of Punjab.

Headnote:(A) Prevention of Corruption Act, 1988 - Sections 7, 7A, 8, 12, 13(2) - Indian Penal Code, 1860 - Sections 409, 420, 467, 468, 471, 120-B - Bail application - Petitioner incarcerated for allegations of receiving bribes for tender manipulation in food procurement - Court finding pre-trial incarceration unjustifiable considering completed investigations - Bail granted with conditions. (Paras 2, 10, 12)

(B) Bail - Conditions imposed to ensure fair trial and prevent tampering with evidence - Right to liberty balanced against the necessity of the case - Importance of the accused's conduct during bail. (Paras 12, 16)

Facts of the case:
Petitioner alleged to have received bribes in relation to tender allotments by the Food and Supply Department for the years 2020-21 and 2022-23, with specific allegations of conspiracy to manipulate tenders based on forged documents. He has been in custody since August 22, 2022.

Findings of Court:
The court recognizes the completion of material investigation and allows bail to avoid further pre-trial incarceration, subject to stringent conditions.

Issues: The main issues include the justification for denial of bail based on the risk of tampering with evidence and the evaluation of the necessity for pre-trial incarceration.

Ratio Decidendi: The court emphasizes that while the gravity of the allegations must be considered, the overall context, including completion of investigation, mitigates the need for continued incarceration. Bail conditions aim to balance liberty and state interest in ensuring justice.

Result: Petitions are allowed in the terms set forth.

Table of Content
1. allegations related to bribe and tender manipulation. (Para 1 , 2 , 5)
2. petitioner's arguments for bail. (Para 3 , 4)
3. criteria for granting bail in serious offences. (Para 6 , 7 , 8)
4. conditions for bail to mitigate risks. (Para 9 , 10 , 13)
5. bail procedures and options for the petitioner. (Para 11 , 12)
6. bail conditions must balance rights and fair trial. (Para 14 , 15 , 16)
7. rights of the petitioner regarding bail conditions. (Para 17 , 18)
8. investigation rights remain unaffected by bail. (Para 19 , 20 , 21)
9. court's conclusion and order on bail. (Para 22 , 23)

JUDGMENT

Anoop Chitkara, J.

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

This order shall dispose of two petitions i.e. CRM-M-321 -2023 and CRM-M-7421- 2023, as the same have arisen out of common FIR and the same involve similar issue. However, for brevity, facts have been noticed from CRM-M-321-2023.

2. 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.

3. 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.

4. The State and the complainant oppose bail.

5. 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,