PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA, J.
Ravinder - Appellant
Vs.
State Of Haryana - Respondent
CRM-M-15088-2024
Decided On : 26-04-2024
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
554 | 25.09.2020 | Camp, District Palwal | 420, 467, 468, 471, 120B, 201 IPC, Sections 8, 13(1)D of Prevention of Corruption Act and Section 66C & D of Information & Technology Act |
1. The petitioner apprehending arrest in the FIR captioned above, has come up before this Court under Section 438 CrPC seeking anticipatory bail.
2. In paragraph 16 of the bail petition, the accused declares that he has no criminal antecedents.
3. Facts of the case are being taken from reply dated 29.03.2024, which reads as follows:-
"2. That the brief facts of the case are that FIR was registered upon the complaint of Devender Kumar, HPS, C.M. Flying Sguad Palwal who submitted a written complaint at the Police Station Camp Palwal on 25.9.2020, as the police cameto know from the source report that the commercial driving licenses were being renewed in Regional Transport Authority (RTO) Office Palwal by the agents and computer operators in collusion with the license holders and the officials of the RTO Office by indulging in a scam. Pursuant to the said information, inguiry was conducted and during the course of inguiry on 24.09.2020 the attested copy of driving licenses of Yusuf son of Nasru R/o Udaka, Rafik son of Kamru R/o Village Sehsola and Jameel Son of Deen Mohd. R/o Udaka from RTA Palwal and obtained the renewal file dated 16.09.2020 and inquired into the matter. Thereafter on the same day inquiry was conducted at RTA Office Gurugram, who stated that the said licenses were not renewed their authority but licenses are having seal of RTA Gurugram and initial signatures and date of birth is also different from the record. By the secret investigation it was found that this work is going on in RTA office Palwal in collusion with the license holder, brokers, computers operators and employee and authorities. Other driving 5 licenses might also been issued illegally by taking bribe. If minute investigation is conducted then a big scam can be disclosed. Above said licenses holders, brokers, and computers operators of RTA office has committed offence under section 420, 467, 468, 471, 120-B IPC & 8, 13(1) D Prevention of Corruption Act 1988. After registration of the case investigation may be conducted Sd/-Devender Kumar.
3. That on the above said complaint FIR no. 554 dated 25.09.2020 under section 420, 467, 468, 471, 120-B IPC. 8, 13(1) D Prevention of Corruption Act 1988 was registries at the police station Camp District Palwal.
4. That after lodging the FIR, the investigation was set into the motion and initials investigation was conducted by Anil Kumar, HPS, Deputy Superintendent of Police, HQ Palwal. Thereafter Special Investigating Team (SIT) was constituted vide order sr. no. 3997-R/SP dated 01.10.2020 passed by Ld. Superintendent of Police Palwal. During the course of investigation the relevant record from Gurugram, Nuh and Faridabad was obtained. On 06.10.2020, 46 files were taken into police possession from RTA Office Palwal and detail of disputes licenses was also obtained. On 07.10.2020 delivery registered of ready licenses was taken into police possession and attendance registered of September month 2020 and details of license no. HR-3820060189824, HR-3820070189924 and HR-3820020202778 was obtained. On 16.09.2020 and on 17.09.2020 notices were given to the applicants whose licenses were printed and record from the RTA department Palwal was also obtained. Report pertaining to above mentioned three licenses was obtained from the RTA Gurugram. Details of printing of for the period 01.01.2020 to 20.09.2020 was obtained from Rosema Company who are authorized to print the licenses. In the reply of Rosema Company it is stated that accused Yogesh had taken the printed licenses.. Thereafter on 21.10.2020 accused Yogesh son of NirottamLalR/o Hodal District Palwal was arrested. During the course of interrogation he suffered his disclosure statement vide which he admitted his involvement in commission of t
Point of Law : Grant of Bail - Grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting the useful information an....
Anticipatory bail should not be granted routinely in serious economic offences involving large-scale fraud, as custodial interrogation is crucial for effective investigation.
(1) Court should be slow in granting anticipatory bail in corruption cases.(2) Cancellation of bail must be done only for cogent and overwhelming reasons – Nevertheless, setting aside an unjustified ....
The court emphasized that anticipatory bail should not be granted if it hampers investigation, especially in cases involving economic offences.
Economic offences need to be viewed seriously and considered as grave offences affecting the economy of the country, requiring a different approach in the matter of bail.
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