Jaswinder Singh v. State Of Punjab

 








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     4.

Status report has been filed by respondent-State. It is submitted therein and it is argued by learned State counsel that before registration of FIR, inquiry was conducted into the matter and it was found that the petitioner had got deposited money in the account of co-accused Kulwant Singh on the pretext of permanent appointment of the complainant and also on the pretext of getting a job for Sukhmanjeet Singh. Offence under Section 8 of Prevention of Corruption Act has been added during the course of

 investigation. The petitioner is a habitual offender. One more case bearing FIR No. 21 of 2023 is pending against him containing similar allegations. There are chances of petitioner's absconding or committing similar offences, if extended benefit of bail. His custodial interrogation is required for the purpose of important information as well as for thorough investigation of the matter by the police. &   

    5.

I have heard learned counsel for the petitioner as well as learned State counsel at considerable length and have gone through the record carefully.

6.

The petitioner in connivance with the co-accused is alleged to have induced the complainant to part with huge amount of money on the pretext of getting his temporary job made permanent through police officers of high ranks in State of Punjab and is further alleged to have caused wrongful loss to the complainant and made wrongful gain for himself. The allegations against the petitioner are specific and serious in nature. For conducting thorough investigation in the matter, the custodial interrogation of the petitioner is must. Moreso, it is well settled proposition of law that arrest is a part of procedure of the investigation to secure not only the presence of the accused but several other purposes. The powers of anticipatory bail are extra ordinary and the same are to be exercised sparingly in exceptional circumstances. The judicial discretion conferred upon the Court has to be properly exercised after application of mind as to the nature and gravity of the accusation, possibility of applicant fleeing from

 justice and other factors to decide whether it is a fit case for grant of anticipatory bail as such grant to some extent interferes in the sphere of investigation of an offence. The Court must be circumspect while exercising such power for grant of anticipatory bail and it should not be granted as a matter of rule and has to be granted only when the Court is convinced that exceptional circumstances exist to resort to that extra ordinary remedy. In the present case, no such exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this Court are existing. As such, I am of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed.

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