IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURSEWAK SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 27.10.2025 GURSEWAK SINGH ....Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Present : Dr. Anmol Rattan Sidhu, Sr. Advocate with Mr. Pratham Sethi, Advocate, for the petitioner.
Mr. Manipal Singh Atwal, DAG, Punjab.
Mr. Chandra Uday Singh, Advocate, for the complainant.
AMAN CHAUDHARY, J. (ORAL)
1. Prayer in the present petition filed under Section 483 of BNSS, 2023, is for grant of regular bail to the petitioner in case FIR No.17 dated 30.05.2025, registered under Sections 7 and 7-A of the Prevention of Corruption (PC) Act, 1988, as amended by the Prevention of Corruption (Amendment) Act, 2018 and Sections 61(2) of BNS, 2023, at Police Station Vigilance Bureau F.S-I, Punjab at Mohali, District SAS Nagar.
2. Learned counsel contends that the petitioner has been in custody for about 5 months. He alleges false implication. He is a Chartered Accountant and has no concern with the demand, which was allegedly made by Ravinder Kumar Sharma, Assistant Commissioner, CGST, Jalandhar, with regard to the deal of blacklisting the firm of the complainant. The said co-accused was joined in the investigation on 30.05.2025, against whom the same is still pending. Challan has been presented on 25.07.2025, however, charges have not been framed. There are, in all, 25 PWs. The petitioner is not involved in any other case.
3. The custody certificate dated 25.10.2025, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 4 months and 23 days. Status report by way of affidavit of the Deputy Superintendent of Police, Vigilance Bureau, Flying Squad-I, filed in the Court, is also taken on record.
4. Learned State counsel, assisted by learned counsel for the complainant, opposes the bail on the ground that there is an audio recording between the petitioner and the complainant. However, submissions with regard to stage of the case and the petitioner being not involved in any other case could not be controverted.
5. Heard.
6. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 4 months and 23 days; being not involved in any other case; challan stands presented on 25.07.2025, but charges are yet to be framed; there are total of 25 PWs; the trial is likely to take a considerable time and further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India, the present petition is allowed.
7. The petitioner is ordered to be released on regular bail, subject to furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:-
(i) The petitioner will not tamper with the evidence during the trial.
(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.
(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.
(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.
(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.
(vi) The petitioner shall not in any manner misuse his liberty.
(vii) The petitioner shall furnish his address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, he seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.
(viii) The petitioner shall not leave the country without prior permission of the trial Court.
(ix) The trial Court/Duty M
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