Punjab-Haryana High Court
Khem Chand Prashar vs State Of Punjab on 14 July, 2023
Author: Anupinder Singh Grewal
Bench: Anupinder Singh Grewal
2023:PHHC:088482 (102) CRM-M-33552-2023 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33552-2023 Date of decision : 14.07.2023 Khem Chand Prashar ... Petitioner Versus State of Punjab .. Respondent CORAM :HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL Present:- Mr. A.P.S. Deol, Senior Advocate with Mr. Himmat Singh Deol, Advocate for the petitioner. Mr. Navneet Singh, DAG, Punjab. Mr. Sangram Singh Saron, Advocate, Ms. Shubreet Kaur, Advocate and Mr. M.B. Rajwade, Advocate for the complainant. 3K OK 3k Anupinder Singh Grewal, J. (Oral)
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The petitioner is seeking anticipatory bail in FIR No.64 dated 02.06.2023, under Sections 7, 7A, 8, 13(1)(b) of Prevention of Corruption Act, 1988 read with Section 120-B IPC registered at Police Station Sadar Kotkapura.
2. Learned Senior counsel for the petitioner submits that the petitioner, who is a police official, has been falsely implicated as the allegation of demanding bribe by him pertains to 28.09.2022 and he has nothing to do with the investigation at that point of time when FIR No.154 dated 07.11.2019 had been lodged. No money has ever been paid in pursuance to the alleged demand raised by the petitioner. There is neither any recording nor any mention of this SONIA GUGNANI 2023.07.19 16:44 | attest to the accuracy and integrity of this document Chandigarh 2023:PHHC:088482 (102) CRM-M-33552-2023 -2- demand made on 28.09.2022 even in the petition filed by the complainant before this Court bearing CWP No.2018 of 2023 challenging the investigation report exonerating accused Jarnail Dass in FIR No.154 dated 07.11.2019, under Sections 302, 120-B, 201, 411, 34 IPC and Sections 25/27 of the Arms Act registered at Police Station Sadar Kotkapura. The petitioner was later coopted as a member of the SIT on 19.11.2022 much after the allegations with regard to payment and acceptance of bribe had been made against co-accused and other members of the SIT.
3. Issue notice to the respondent. At the asking of the Court, Mr. Navneet Singh, DAG, Punjab, accepts notice on behalf of the respondent/State. He, upon instructions from DSP Kewal Krishan, Vigilance Bureau, Ferozepur, submits that the petitioner was earlier involved in an FIR No.166 dated 27.09.2019, under Sections 365, 384, 506, 120-B IPC, Police Station Sadar, Bathinda wherein it was alleged that while intercepting a car, the passengers were detained and 2 kg. gold was recovered from them but the other police officials along with the petitioner had misappropriated the same and let off the passengers by threatening them not to report the matter. The petitioner along with other accused has been charged under Sections 365 and 384 IPC and the trial is under way. The petitioner had been placed under suspension and had later been re-instated on 29.04.2022. He was demanding bribe on behalf of the I.G. to arrest Jarnail Dass, who had earlier been exonerated at the behest of the then DIG, after accepting bribe of Rs.1 crore. On 28.09.2022, the petitioner is stated to have told the complainant in the presence of one-Gagandeep Singh, who was working as ASI that Jarnail Dass had earlier been exonerated by the DIG after obtaining Rs.1 crore and if you want his arrest then you will have to SONIA GUGNANI 2023.07.19 16:44 | attest to the accuracy and integrity of this document Chandigarh 2023:PHHC:088482 (102) CRM-M-33552-2023 -3- pay half of the amount to the DIG. The statement of Gagandeep Singh has also been recorded under Section 164 Cr.P.C. before the Judicial Magistrate wherein he had reiterated that the aforenoted demand was made by the petitioner in the aforenoted terms. He also submits that the petitioner had visited the premises of the complainant two days prior to the summons issued by the DIG in an enquiry against the petitioner in the aforenoted FIR No.64 and apologized.
4. Heard. It is apt to notice that FIR No.154 dated 07.11.2019, under Sections 302, 120-B, 201, 411, 34 IPC and Sections 25/27 of the Arms Act was registered at Police Station Sadar Kotkapura for the murder of one Sant Dayal Dass. One-Jarnail Dass was stated to be the master mind but he was declared innocent during investigation and not challaned. He was summoned later under Section 319 Cr.P.C. A writ petition bearing CWP No.2018 of 2023 had been preferred by the complainant stating therein that the investigation was not being conducted in a fair manner. This petition was disposed of on 14.02.2023 in the light of the order passed by the Director Bureau of Investigation, Punjab, Chandigarh on 03.02.2023 constituting a fresh SIT to investigate the aforementioned FIR No.154.
5. The allegations against the petitioner are that he had demanded bribe on behalf of the senior police officials with the ulterior motive of misdirecting the investigation. He is facing trial in aforenoted FIR No.166 dated 27.09.2019. He is stated to have been placed under suspension but was strangely reinstated. The other members of the SIT were of the rank of SP and DSP but the petitioner, who was holding the rank of only Sub-Inspector, had been coopted as a member of the SIT. It is apparent that he is an important link SONIA GUGNANI 2023.07.19 16:44 | attest to the accuracy and integrity of this document Chandigarh 2023:PHHC:088482 (102) CRM-M-33552-2023 -4.
in trying to botch up the investigation in lieu of huge monetary consideration. It is, thus, manifest that there is prima facie material warranting the custodial interrogation of the petitioner. Consequently, the petition stands dismissed.
6. As senior police officers are stated to be involved in the commission of the crime, I deem it appropriate to direct the Chief Director, Vigilance Bureau, Punjab to supervise the investigation and ensure that it is conducted in a free and fair manner and taken to its logical conclusion.
(ANUPINDER SINGH GREWAL) JUDGE July 14, 2023 sonia guenani Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No SONIA GUGNANI 2023.07.19 16:44 | attest to the accuracy and integrity of this document Chandigarh