Harbhajan Singh vs State of Punjab

Alok Singh, J.—This is an application u/s 438 Code of Criminal Procedure seeking anticipatory bail in a case FIR No. 160 dated 29.12.2010 under Sections 13(1)(d) of the Prevention of Corruption Act registered at Police Station Civil Lines, Bathinda.

Perusal of the record reveals that Deputy Inspector General of Police, Range Bathinda has sent one report to Senior Superintendent of Police, Bathinda stating therein that from reliable sources, it has been learnt that Prem Kumar, Accountant had paid some money to two officials namely Harbhajan Singh, Superintendent and dealing clerk Ramesh Kumar in connection with his promotion as Sub Inspector. SSP Bathinda was asked to conduct the enquiry. Ultimately enquiry was conducted by SP(D) Bathinda who has reported that SI Prem Kumar has given affidavit before him stating therein that he has given Rs, 10,000/-each to Harbhajan Singh, Superintendent and Ramesh Kumar. However, after they came to know about the enquiry being conducted by SP(D) Bathinda they have deposited the said amount in Gurudwara Sahib, Police Line, Bathinda as donation for razing construction on 22.12.2010. SP (D) Bathinda has also reported that conduct of the accused is in gross-violation of discipline of Police Department and has recommended that action be taken against the Petitioner as well as against the co-accused Ramesh Kumar.

Relief of anticipatory bail is discretionary relief; when Court prima facie finds that thorough investigation in the matter is required then discretionary relief should be refused. In the case in hand Superintendent of Police (D) Bathinda after preliminary enquiry has found Petitioner and co-accused guilty of accepting money from Prem Kumar and has recommended strong action be taken against them, hence, this is not a fit case in which discretionary relief should be exercised in favour of the Petitioner.

Dismissed.