Back
GURVINDER SINGH GILL
Gurcharan Jaidka – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. details of alleged corruption and bribes (Para 1 , 2 , 3) |
| 2. defense and prosecution arguments regarding involvement (Para 4 , 5) |
| 3. consideration of custody and prior record (Para 6) |
| 4. granting bail and relevant offences (Para 7 , 8) |
| 5. administrative directive on case files (Para 9) |
JUDGMENT
Gurvinder Singh Gill, J.
This order shall dispose off the above mentioned two petitions filed on behalf of Gurcharan Jaidka and Dharminderpal @ Bunty seeking grant of regular bail in a case registered against them vide FIR No. 19 dated 18.8.2022 under Sections 7 , 7-A of the Prevention of Corruption Act, 1988 (as amended in the year 2018) and Sections 420 , 465, 467, 468, 471/120-B IPC at Police Station Vigilance Bureau, Patiala, District Patiala.
2. The FIR was lodged pursuant to receipt of secret information by DSP Parminder Singh, Vigilance Bureau Unit, Sangrur on 18.8.2022 to the effect that Ravinder Singh Gill, Regional Transport Authority (RTA), Sangrur and Mohinder Pal, Motor Vehicle Inspector (MVI) had been 'passing' vehicles without physical inspection of such vehicles, though as per rules a vehicle could be passed only after physical verification. The information was
Grant of bail based on completion of investigation and delay in trial due to awaited prosecution sanction for co-accused.
Conviction under the Prevention of Corruption Act requires concrete evidence linking the accused's possession of money to an intent to bribe specific public officials, not mere suspicion.
The completion of investigation, absence of recovery, and the likelihood of trial taking time were key factors considered by the court in granting bail to the petitioners.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
