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2025 DAILYLAW 32010 (PNJ)

GURINDER SINGH GROVER v. STATE OF PUNJAB

CRM-M/13494/2025 · 2025-08-04

N S Shekhawat

body2025

Judgment text

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CRM-M-13494-2025 -1- 228 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-13494-2025 Date of Decision:04.08.2025 Gurinder Singh Grover …Petitioner vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Rakesh Nehra, Senior Advocate with Ms. Bindu Tanwar, Advocate Mr. Vikalp Hooda, Advocate and Mr. Harsh Sharma, Advocate for the petitioner. Mr. Ravneet Singh Joshi, DAG, Punjab. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present petition under Section 483 of BNSS with a prayer to grant the concession of regular bail to him in case FIR No.53 dated 22.11.2024 under Section 7 of Prevention of Corruption Act, 1988 as amended by PC(Amendment) Act, 2018 registered at Police Station Vigilance Bureau Range, Amritsar. 2. The FIR in the present case was registered on the basis of the statement made by Joginder Singh son of Gurdeep Singh and the same has been reproduced below:- “Statement of Joginder Singh son of Gurdeep Singh resident of Mehnia Koharan Kathu Nangal District Amritsar aged 74 years Mobile No. 98556-90002, stated that I am a resident of above given address and is agriculturist by profession and is ex-Sarpanch of village Mehnian Koharan and today, I have came to your office vigilance bureau unit HEMLATA 2025.08.05 23:26 I attest to the accuracy and integrity of this document CRM-M-13494-2025 -2- Amritsar and is stating to you that I remained Sarpanch of Gram Panchayat Mehnian Kohran from January 2019 to February 2024 and during my tenure of Sarpanch the village received different grants from the Punjab Govt. and Central: Govt. for the development of village and out of them from finance department received grant of Rs. 12,19,573/- for village development and the same was spent by me for the development works of the village and the utilization certificate of this amount was to be issued by the office of BDPO, Verka. In order to obtain the utilization certificate of above said amount of Rs. 12,19,573/-, I talked to Ashok Kumar Panchayat Secretary and Gurinder Singh Grover Panchayat Officer cum Prabhandhak block Verka District Amritsar and they said they will inform me after talking with the Block Officer Verka and thereafter on 21/11/2024 when my son Pawanbir Singh talked with Gurinder Singh Grover Panchayat Officer cum Prabhandhak in connection with utilization certificate then the above said Gurinder Singh Grover raised a demand of 2% bribe in order to issue UC (utilization certificate). Besides this I am also informing to you that the above said Ashok Kumar Panchayat Secretary with the connivance of BDPO at that time had transferred the amount of Rs. 54,600/- in the account of some firm on 17/05/2023 from the Panchayat Bank Account of HDFC Bank account No. 50100367225832 of 15 Finance Department and I have no knowledge about this. Besides this the above sad Ashok Kumar Panchayat Secretary with the connivance of BDPO of that time had transferred the amount of Rs. 42,640/- on 17/05/2023, Rs. 42,640/- on 01/06/2023 and Rs. 42,640/- on 07/06/2023 in my Puajab and Sidh Bank Account No.14181000001503 and out of this amount three times HEMLATA 2025.08.05 23:26 I attest to the accuracy and integrity of this document CRM-M-13494-2025 -3- (Rs.42,600/-, Rs. 42,600/-, Rs. 42,600/ - total Rs. 1,27,800/-) were received in cash from me by the Panchayat Secretary on different dates. Now I do not want to take any work from the above said Gurinder Singh Grover Panchayat officer cum Prabhandhak by paying any bribe as such today on 22/11/2024, I have came to your office. I am producing 48 Indian currency notes of denomination Rs. 500/- each total Rs. 24,000/- in order to pay bribe to the Gurinder Singh Grover Panchayat Officer cum Prabhandhak block Verka District Amritsar. Required legal action be taken against the above said Gurinder Singh Grover Panchayat Officer cum Prabhandhak Block Verka District Amritsar. Action be taken. Sd/- in Punjabi above said Joginder Singh verified.” 3. Learned Senior counsel appearing on behalf of the petitioner submits that at the relevant time, when the petitioner was allegedly apprehended with the tainted money by the police, he was already under suspension. Thus, there was no occasion to demand or accept bribe, as alleged by the complainant in the present case. He further contends that the complainant, who is a Sarpanch, was already inimical towards him and the petitioner has been wrongly dragged to the present case. He further contends that the utilization certificate, qua which the alleged demand of extraneous consideration was made, was for the period from January, 2019 to February, 2024 and during that period, the petitioner was not posted there as he was transferred to the present office on 14.08.2024 i.e. 06 months later. The petitioner was arrested in the present case on 22.11.2024 and is in custody since then. Learned counsel further submits that after completion of investigation, challan has been presented on 18.01.2025 and no witness has been examined so far. HEMLATA 2025.08.05 23:26 I attest to the accuracy and integrity of this document CRM-M-13494-2025 -4- 4. On the other hand, status report has been filed by way of an affidavit of Deputy Superintendent of Police, Vigilance Bureau, Unit Amritsar and the same is taken on record. Learned State counsel has vehemently opposed the submissions made by learned senior counsel for the petitioner on the ground that serious allegations have been levelled against the petitioner and he does not deserve the concession of bail by this Court. 5. I have heard learned counsel for the parties and perused the record. 6. In the present case, it has been alleged that the petitioner was caught red handed, while accepting the bribe amount of Rs.24,000/- from the complainant, whereas, on the other hand, the petitioner has claimed that he had no occasion to demand or accept the bribe from the complainant as alleged. Even the petitioner had joined the office in question on 14.08.2024 i.e. 06 months after the period, when the complainant had ceased to hold the office. Thus, the prosecution is yet to prove the charge against the petitioner before the trial Court by leading evidence. 7. Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned. (N.S.SHEKHAWAT) 04.08.2025 JUDGE hemlata Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HEMLATA 2025.08.05 23:26 I attest to the accuracy and integrity of this document