Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1365

IN THE HIGH COURT OF PUNJAB AND HARYANA
SANDEEP MOUDGIL, J.
Ajay Kumar - Appellant
Versus
State of Punjab - Respondent
CRM-M No. 64847 of 2024
Decided On : 20-12-2024

Advocates:
Advocate Appeared:
For the Appearing Parties :Mr. Bipan Ghai Senior, Advocate, Mr. Nikhil Ghai Adv., Mr. Nikhil Thamman Adv., Mr. Jaspal Singh Guru AAG, Punjab

Multiple inquiries into the same allegations infringe upon the right to a fair trial under Article 21, justifying the grant of anticipatory bail.

Headnote:(A) Prevention of Corruption Act, 1988 - Sections 13(1), 13(2) - Indian Penal Code - Sections 409, 420, 120-B - Anticipatory bail - Application for anticipatory bail granted based on findings that multiple inquiries regarding the same allegations may lead to violation of Article 21. (Paras 3-4)

(B) Multiple inquiries - Holding multiple inquiries on the same set of allegations is impermissible and may cause injustice and delay, reinforcing the need for timely investigations. (Para 4)

Facts of the case:
The petitioner faced allegations of embezzlement as a Municipal Council officer, related to a tender for street construction where no work was performed, resulting in payments drawn unlawfully.

Findings of Court:
The court found lack of evidence necessitating custodial interrogation and emphasized the need for cooperation with the investigation.

Issues: Whether multiple inquiries into the same allegations compromise fairness and efficiency in criminal proceedings.

Ratio Decidendi: The court concluded that multiple inquiries would infringe upon the petitioner’s right to a fair trial under Article 21, recognizing his willingness to cooperate.

Result: Anticipatory bail granted subject to conditions.

Table of Content
1. factual background of the case (Para 1 , 2)
2. arguments regarding multiple inquiries (Para 3)
3. court's analysis on anticipatory bail (Para 4)
4. granting of anticipatory bail (Para 5)

JUDGMENT :

SANDEEP MOUDGIL, J

1. Relief Sought:-

The jurisdiction of this Court under Section 482 of BNSS , 2023 has been invoked for the grant of anticipatory bail to the petitioner in case FIR No.218, dated 26.11.2024 (Annexure P-1), under Sections 409 , 420, 120-B IPC and Section 13 (1), 13(2) of Prevention of Corruption Act 1988 as amended vide Prevention of Corruption (Amendment) Act, 2018, registered at Police Station Khanna City-2, District Ludhiana.

2. Facts:-

“Today complaint No. 1987-5E dated 09.11.2024 letter No. 1717 by Executive Officer, Municipal Council, Khanna after enquiry by Deputy Superintendent of Police Khanna and after taking legal opinion was received at Police Station through dak for registration of case FIR against Ajay Kumar son of Manohar Lal resident of Ward No. 98, Kaka Colony, Patiala, J.E, Municipal Council Khanna, Pawan Kumar Contractor and Kamaljit Singh Ladher President of Municipal Council Khanna, the contents of which are as under:- "To, S.S.P Khanna. Subject:- Regarding complaint given by Parampreet Singh Poppy Councilor Ward No. 16. Regarding initiation of appropriate legal action against President Kamaljit Singh Ladher councilor (sic) Ranvir Singh Kaka and concerned officer Sh. Ajay Kumar Gaba for committing embezzlement of Rs. 3.17 lacs by floating tender of Rs. 4.20 lacs in name of Veeru Karyana Wali Gali, Ward No. 25. In connection with above cited subject, the enquiry into complaint received was got conducted from Technical Officer of Municipal Council and Technical Officer, afer checking the spot, found that said street is constructed of C.C and inter-locking tiles are not installed in this street. Complaint is being sent to initiating legal action. Sd/- Executive Officer, Municipal Council, Khanna." Above said complaitn was marked by SSP Khanna to DSP Khanna for enquiry. Sd/- Sr. Superintendent of Police Khanna. At this, Deputy Superintendent of Police Khanna wrote in his enquiry report as under: -

"While addressing the subject cited letter to your (Senior Superintendent of Police, Khanna) by Executive Officer, Municipal Council, it has been written that, "enquiry into complaint given by Parampreet Singh Poppy Councilor Ward No. 16 was conducted by Technical Officer of the Municipal Council Khanna and after checking the spot, it has been found that said street is constructed of C.C and inter locking tiles are not installed in the said street. Complaint is being sent for initiating legal action." The above said letter has been sent by your goodself to under-signed for further action, whereupon with regard to this letter, complainant Parampreet Singh @ Poppy was joined in enquiry and photocopy of the complaint given by him to Executive Officer, Khanna was obtained and his statement was recorded. During enquiry, Sh. Charanjit Singh Executive Officer, Municipal Council Khanna was taken along and spot of Veeru Karyana Store Wali Gali, Ward No. 25, Khanna was inspected. Photographs of the spot were obtained and after joining Charanjit Singh Executive Officer, Khanna in enquiry, his statement was recorded. During enquiry, as per instructions of Charanjit Singh Executive Officer Khanna, Sandeep Singh, J.E, Municipal Council Khanna produced attested photocopies of office record (total 21 pages) relating to Veeru Karyana Store Wali Gali, Ward No. 25 and his statement was recorded. Statement of Charanjit Singh Executive Officer, Municipal Council, photographs of the spot, statement of Sandeep Singh J.E, photocopies of record produced are attached with the report for perusal. During enquiry of complaint, opposite party Kamaljit Singh Ladher President Municipal Council Khanna, Rajesh Raini son of Chaman Lal Raini, resident of House No. 13/130, Ram Nagar, Ajnala, District Amritsar and Ajay Kumar son of M

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