Inderjit Singh, J.
CRM-38513-2018
Allowed as prayed for, subject to all just exceptions.
CRM-38514-2018
Allowed as prayed for. Annexure P-4 is taken on record, subject to all just exceptions.
CRM-M-44986-2018
Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case
FIR No.15 dated 21.08.2018, registered at Police Station Vigilance Bureau, Jalandhar, District Jalandhar, under Sections 7 and 13(2) of the Prevention
of Corruption Act, 1988 and Section 120-B of the Indian Penal Code.
Notice of motion was issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.
I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record.
From the record, I find that FIR, in the present case, has been got registered by complainant-Sukhdev Singh on the allegations that when he had
approached the department for correction of entries in the birth certificate, the bribe was demanded. The present petitioner is not named in the FIR.
There is no allegation by the complainant that he ever approached the petitioner or the petitioner ever demanded bribe from him or he ever paid the
bribe to the petitioner. A trap was laid and one Thomas Masih was apprehended, who is a private person. The allegation against the present petitioner
has come during the investigation that Thomas Masih had accepted the money on behalf of the present petitioner as well as Superintendent. There is
also allegation that earlier, birth certificate with wrong particulars was issued and now, birth certificate with correct particulars has been issued under
signatures of the present petitioner.
In pursuance of the interim order dated 16.10.2018 passed by this Court, the petitioner has already joined the investigation. He is not required for
custodial interrogation. Nothing is to be recovered from him. Therefore, no useful purpose will be served by sending him to custody.
Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details and without expressing any
opinion on the merits of the case, I find merit in this petition and the same is allowed. The order dated 16.10.2018, granting interim bail to the petitioner,
is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438
(2) Cr.P.C.
