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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 28.02.2025 Rana Singh .... Petitioner Versus State of Punjab .... Respondent CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Mr. Lakshay Bector, Advocate, for the petitioner.

Mr. Navdeep Singh, DAG, Punjab.

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MANJARI NEHRU KAUL, J. (ORAL)

The instant petition has been filed under Section 483 of BNSS, for grant of regular bail to the petitioner, pending trial, in case FIR No.31, dated 14.10.2024, under Sections 7, 7-A, 12 of Prevention of Corruption Act, 1988 as amended vide Prevention of Corruption (Amendment) Act, 2018, registered at Police Station Vigilance Bureau, Ludhiana. Learned counsel for the petitioner submits that even as per the case of the prosecution, no recovery of bribe was effected from the petitioner. Rather, as per the allegations levelled, out of the total illegal gratification of Rs.65,000/-, Rs.35,000/- has been handed directly to co- accused, Gurnam Singh (Patwari), with the remaining Rs.30,000/- was alleged to have been paid to the petitioner. Learned counsel has submitted that since the investigation in the present case is complete, further incarceration of the petitioner would serve no useful purpose as the entire case of the prosecution hinges on documentary evidence which is now already part of the challan. It has also been submitted that since the charges have not yet been framed coupled with the fact that as many as 08 prosecution witnesses have been cited, the possibility of the trial concluding in the near future does not arise.

Per contra, learned State counsel while opposing the prayer and submissions made by the counsel opposite, has, on instructions, not disputed the custody period of the petitioner nor has he disputed that the investigation in the present case stands concluded with the charge-sheet having been presented before the learned Special Court. However, learned State counsel has reiterated the contents of the FIR, annexed as Annexure P-1, which stands reproduced hereinunder:-

“Chief Officer, PS Vigilance Bureau Ludhiana Range, Ludhiana. Jai Hind, Today I DSP was present in my office when I received a complaint no.387/2021 Ludhiana against Gurnam Singh Patwari and others, in regards to verification report to file a case at the Head Office Vigilance Punjab SAS Nagar WB, through Letter No.40369/VB, S-10 dated 10-10- 2024, Senior Captain Police, was received via diary no.4523 dated 14-10-2024 in the office of Vigilance Bureau Ludhiana Range, Ludhiana. On which the Senior Captain Police Vigilance Bureau Range Ludhiana had written to the DSP Range-2 Vigilance Bureau Ludhiana, to register case and Investigate Please SD/ SSP. The facts of which are as such, from investigation of the Complaint No. 387/2021 Ludhiana it has been found that Sarabjit Singh S/o Mr. Swaran Singh Rio Village Dule, District Ludhiana, Ludhiana, had purchased one marla vacant plot at Village Dulea, which fell within the red line, dated 06.11.2020 from Harbans Singh S/o Bachan Singh Rio village Dulay through full and final payment. In this regard, Sarabjit Singh went to meet the Patwari at Tehsil Office, Gill Road, Ludhiana, where he met persons named Rana and Buta who made him meet with Gurnam Singh Patwari and he informed the District Patwari Gurnam Singh about the plot he had purchased, stating that the said plot falls within the red line. He wanted to have legal ownership of it on papers, so Gumam Singh Patwari demanded one lakh rupees from him in exchange of doing this work. On Sarabjit Singh's pleading, Gurnam Singh Patwari asked to pay the money in instalments. On 10.11.2020, Gurnam Singh Patwari saw the plot purchased by Sarabjit Singh, at that time Buta Singh and Rana were also present with Gurnam Singh Patwari. After checking the location, Rana took Rs. 15,000/- from Sarabjit Singh and gave it to Gurnam Singh Patwari. After about a week, Sarabjit Singh called Patwari Gurnam Singh for his work, then he called Sarabjit Singh at T