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MANJARI NEHRU KAUL
Rajpal Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
MANJARI NEHRU KAUL, J.
1. Prayer in the instant petition is for grant of anticipatory bail to the petitioner in case FIR No.14 dated 04.06.2024 under Sections 7 and 7- A of the Prevention of Corruption Act, 1988 (Amended) Act, 2018 and Section 120-B of the INDIAN PENAL CODE , 1860 registered at Police Station Vigilance Bureau, District Bathinda.
2. Learned senior counsel for the petitioner inter alia contends that the petitioner was an outsourced employee and his work was only restricted to the operation of the computers in the Municipal Corporation. There was no audio/video recording of the petitioner of either making any demand of extraneous consideration or accepting the same.
3. Learned State counsel, on instructions, has not disputed the submissions made by the learned senior counsel for the petitioner qua there being no audio/video recording of the petitioner demanding or accepting any bribe from the complainant. However learned State counsel has submitted that when co-accused Jitender Singh was caught red handed, a diary was recovered from his possession wherein it came to light that part of the bribe money was also to be shared with petitioner. He, on further instruc
Anticipatory bail cannot be denied on grounds of non-cooperation in investigation if it equates to self-incrimination, which is protected under Article 20(3) of the Constitution.
Anticipatory bail under the Prevention of Corruption Act requires clear evidence of false implication or rarity of circumstances, which were not present in this case.
Custodial interrogation may not be justified when the charges are yet to be established and the investigation is almost complete.
Bail granted due to insufficient evidence against petitioner, long custody, and principle of parity established by co-accused being granted bail.
The right against self-incrimination protects an accused from being compelled to disclose self-incriminating information, affirming that cooperation with an investigation does not necessitate such di....
Jurisdiction for anticipatory bail in corruption cases lies with the High Court, not with the Special Judge under the Prevention of Corruption Act.
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