Punjab-Haryana High Court
Amar Singh vs State Of Punjab on 6 April, 2021103 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.4629 of 2021
Date of Decision : 06.04.2021
Amar Singh …Petitioner
Versus
State of Punjab ….Respondent
Coram : Hon’ble Mr. Justice B.S. Walia
Present : Mr. Pradeep Virk, Advocate for the petitioner.
Mr. Hittan Nehra, Addl. A.G., Punjab.
***
B.S. Walia, J. (VC)
[1] Prayer in the petition u/s 438 Cr.P.C. is for grant of pre-arrest bail to
the petitioner in case FIR No.0005 dated 07.01.2021 registered u/s 13 (2),
Prevention of Corruption Act, 1988, Section 52-A, Prisons Act, 1894&
Sections 51 & 56, Disaster Management Act, 2005 at Police Station City-1,
Sangrur.
[2] Learned counsel contends that although the FIR was registered
against the petitioner, Deputy Superintendent, Balwinder Singh,
Superintendent, Gurpartap Singh, Jail Warden, all at District Jail Sangrur, and
later after investigation, against Dhanna Singh, Chakkar Havaldar, District Jail,
Sangrur on the allegations that the aforesaid officials in connivance with each
other, providedfacilities to under trial Kamal Kumar @ Rocky and Arun Kumar
@ Arru by not transferring them from District Jail Sangrur, shifting their
barracks, providing medical as well as mobile phone facility, contrary to rules /
instructions and for monetary considerations, but the petitioner had been falsely
implicated in the case as much prior to the registration of the FIR, he had
submitted representation (Anneuxre P/1) dated 30.11.2020 to the Deputy
Inspector General (Jails), Patiala Circle, Patiala expressing apprehension of
being implicated in a false case due to strict enforcement of discipline by him in
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jail, that the petitioner could not transfer an under trial from District Jail,
Sangrur to any other jail without the approval of the higher authorities, that
transfer of the undertrials barrack was on account of the undertrial having come
in contact with a Covid patient,besides, medical facilities provided to under
trial Kamal Kumar @ Rocky were on the advice and recommendation of the
jail doctor.
[3] Learned Addl. AG, Punjab, on the other hand contended that the
under trials, namely Kamal Kumar @ Rocky and Arun Kumar @ Arru were not
shifted from Special Jail Sangrur by Balwinder Singh, Superintendent, Amar
Singh, Deputy Superintendent, and Gurpartap Singh, Warden, District Jail
Sangrur, by misusing their position, misleading headquarters by sending false
information while conniving with family members of the prison inmates and
further providing unauthorised mobile phone and medical facilities by violating
Prison Rules / Instructions. Learned Addl. A.G. contended that as per
instructions issued by the authorities, transfer of inmates after corona test on
expiry of 21 days quarantine was mandatory, that as per directions of the head
office, new undertrials were required to be lodged in Special Jail Sangrur in one
barrack for quarantine and after the test were required to be shifted to other
barracks but the officers of District Jail Sangrur did not do so, instead mislead
the head office by sending a false report of under trial Arun Kumar @ Arru
having come in contact of corona positive undertrials, besides, medical and
mobile facilities were provided to the aforementioned undertrials besides other
undertrials, for monetary consideration and there was material available to
show payment having been made by relatives of the undertrials to the petitioner
through the Jail Warden, who had submitted an affidavit to the above effect on
30.12.2020 in the preliminary inquiry conducted by the Deputy Inspector
General (Jails), Patiala Circle, Patiala. Learned Addl. A.G. further contended
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that out of 04 accused, on – 04-06-2021
only Dhanna 23:19:04 :::
Singh, Chakkar Havaldar, District Jail,
CRM-M No.4629 of 2021 [3]
Sangrur had been arrested, while the petitioner, Balwinder Singh,
Superintendent and Gurpartap Singh, Jail Warden, District Jail, Sangrur were at
large and their custodial interrogation was essential to ascertain the persons
involved, modus operandi of running of racket in District Jail Sangrur for
providing facilities to undertrials / detenues, for monetary considerations,
contrary to the rules as well as instructions issued by the authorities as also to
effect recovery of bribe money besides to ascertain details of all involved in the
racket.
[4] Learned Addl. A.G. contended that on 30.12.2020, the ADGP
(Prisons), Punjab, marked an inquiry into malpractices in District Jail Sangrur to
the Deputy Inspector General (Prisons), Circle Patiala, who submitted report
(Annexure R-1/T) dated 02.01.2021 that under trial Kamal Kumar @ Rocky
and Arun Kumar @ Arru were not transferred from District Jail, Sangrur
to another jail on completion of 21 days of quarantine in violation of
instructions / directions of the Head Office, that while under trials were required
to be lodged in Special Jail, Sangrur in one barrack for quarantine and after
testing, were to be shifted to another barrack but the same was not done in the
case of the undertrials, that the Head Office was mislead by sending a wrong
report regarding transfer of under trial Arun Kumar @ Arru as also by wrongly
representing that the under trial had come in contact with a Corona positive
patient, that facility of mobile phone was provided to under trials for monetary
consideration, that under trial Kamal Kumar @ Rocky was sent to hospital
outside the jail for treatment, all for monetary considerations by the petitioner,
Balwinder Singh, Superintendent, Gurpartap Singh, Jail Warden and Dhanna
Singh, Chakkar Havildar, all of District Jail, Sangrur by misusing their position
and getting money from relatives of under trials through Paytm, Google
Pay, and bank accounts. 3 of 9
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CRM-M No.4629 of 2021 [4]
[5] Learned Addl. A.G. contended that as per the enquiry report,
under trial Kamal Kumar stated that he had been lodged in barrack No.01 on
his first day in District Jail, Sangrur on 22.09.2020 but on Chakkar Havildar
Dhanna Singh, demanding money from him and being paid Rs.65,000/-, he was
shifted to VIP barrack No.10/01, that barrack No.10/01 and 10/02 in District
Jail, Sangrur, were VIP barracks and from his barrack, 07, under trials were
shifted after taking money from them, besides facility of mobile phone was also
provided to aforesaid under trials on payment of Rs.2,35,000/- through Harjot
Singh son of Sukhvinder Singh under trial, to Warden Gurpartap Singh,
Gunman of Amar Singh, Deputy Superintendent (Maintenance) District Jail,
Sangrur, out of which Rs.60,000/- was given by Mohit, brother of under trial
Vishavnath, that as per the statement of under trial Arun Kumar @ Arru,
challan of an under trial received in District Jail, Sangrur for shifting to another
jail, used to be kept pending by charging Rs.25,000/- to Rs.30,000/- and that he
had details regarding payment of the amount on Google Pay and Paytm besides
the mobile number through which the amount was paid. Learned Addl. A.G.
has referred statement of under trial Kamal Kumar in the enquiry report that for
his admission in Civil Hospital, Sangrur, he had paid Rs.2,15,000/- in cash
through his son Jatin Kumar, to Warden Gurpartap Singh outside the jail
premises on 07.12.2020 whereupon the petitioner had told the Medical Officer,
District Jail, Sangrur to provide him Guard, and on 08.12.2020 at about 12 ‘O’
clock, he was sent to Civil Hospital, Sangrur along with jail Guard, where he
was admitted after taking Rs.20,000/- with the money transaction being done
by Warden Ajit Singh in collusion with Warden Gurpartap Singh and when the
doctor tried to discharge him from the hospital then Warden Gurpartap Singh
demanded Rs.3,00,000/- from him to admit him in Rajindra Hospital, Patiala,
which was settled at Rs.2,50,000/- and the aforesaid amount was taken by
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Warden Gurpartap :::Singh
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on 10.12.2020 23:19:0412.30
at about ::: p.m. from Civil
CRM-M No.4629 of 2021 [5]
Hospital, Sangrur but on the same day, he was discharged from Civil Hospital,
Sangrur, and admitted in jail at about 4.30 p.m., that on meeting Warden
Gurpartap Singh during his rounds, he was told to be patient and that he would
be sent out as such matters took time. Thereafter on 12.12.2020, he was again
sent to Civil Hospital, Sangrur, but was not admitted whereupon, he asked
Warden Gurpartap Singh to return the money, that he was thereafter called by
the petitioner in his office and told that they had not received any money, that
after he disclosed the whole story he was told that Warden Gurpartap Singh
would meet him and after meeting him he was asked to return Rs. 1,50,000/-
which he returned to his son and out of entire amount, Rs.65,000/- was given
by way of Google Pay and the remaining in cash.
[6] Learned Addl.A.G. has referred to enquiry report which records
statement of Warden Gurpartap Singh that he had been told by the petitioner in
the first week of December that the son of under trial Kamal Kumar, lodged in
jail, would hand over a packet and that he should take the same as the said
under trial was to be sent to Civil Hospital, Sangrur and the petitioner had also
supplied him mobile number of the son of said under trial, that he received call
on his mobile phone bearing No. 98157-98156 from Jatin, son of under trial
Kamal Kumar and was called outside the jail premises where he went at about
7.30 p.m. and was handed over a packet, whereafter said Jatin went away in
his car, thereafter, he went to the residence of the Deputy Superintendent i.e. the
petitioner and handed over the said packet to him, who opened the same and
found Rs. 2,15,000/- in it. On the next day, the petitioner handed over to him a
black colour packet in which there was 02 bundles of Rs.500/- notes and there
was some more notes of Rs.500/- and told him that that the said packet was to
be handed over to Balwinder Singh, Superintendent, District, Jail, Sangrur,
whereupon he handed over the said black packet to Superintendent, District
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Jail, Sangrur at his residence and on – 04-06-2021
further 23:19:04
the amount ::: used to be given as
which
CRM-M No.4629 of 2021 [6]
bribe, was shared by the Deputy Superintendent i.e. the petitioner and
Superintendent, Balwinder Singh in the ratio of 60:40.
[7] Learned Addl. A.G. contended that Warden Gurpartap Singh
further stated that on 08.12.2020 under trial Kamal Kumar @ Rocky was sent
to Civil Hospital, Sangrur for treatment through the Medical Officer of the jail
by the petitioner, along with guard and that when the above said under trial was
being discharged from Civil Hospital, Sangrur on 10.12.2020 then the
petitioner talked to Sanjiv Kumar @ Sanju, close relative of under trial Kamal
Kumar @ Rocky at the residence of the petitioner, whereafter the petitioner
told him that he would be handed over a packet by Sanjiv Kumar @ Sanju and
that said Sanjiv Kumar @ Sanju handed over a packet to him in Civil Hospital,
which on counting revealed cash Rs.2,50,000/-, that on 12.12.2020, under trial
Kamal Kumar was again sent to Civil Hospital, Sangrur but was not admitted in
the hospital and on his coming back to jail, he demanded his money back,
whereafter the petitioner gave back Rs.1,50,000/- to him i.e. Warden Gurpartap
Singh and told him to return the said amount to under trial Kamal Kumar,
whereafter he received a phone call from Jatin son of under trial Kamal Kumar
that amount be returned, then he i.e. Warden Gurpartap Singh returned the said
amount of Rs.1,50,000/- to him. Learned Addl. A.G. has further referred to
statement of Warden Gurpartap Singh that co-under trials of under trial Kamal
Kumar, who was lodged in barrack No.10/1 with him were given the facility of
getting mobile in jail, on settlement with the petitioner, for a sum of
Rs.1,75,000/- whereupon the petitioner told him that a phone call would be
received by him and he would be given Rs.1,75,000/- and thereafter as per
telling of the petitioner, a phone call was received by him from a person who
called him outside the jail premises, came in a car and handed him
Rs.1,75,000/-. 6 of 9
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CRM-M No.4629 of 2021 [7]
[8] Learned Addl. A.G. next contended that Assistant Superintendent
Harbans Singh stated that as per orders of the Head Office, under trials coming
to the jail were transferred to different jails after covid test conducted serial
number wise and test being negative, by sending names to the Head Office and
on receiving orders from the Head Office, under trials were sent to different
jails and before the transfer of the said under trials whatever orders were
received from the Head Office, their numbers and list of names used to be put
up before the Deputy Superintendent who used to pass orders as to which under
trials were to be transferred and which under trial was to be retained and as
regards, the under trials in question, the petitioner i.e. Deputy Superintendent
Jail had told him not to transfer said under trials.
[9] I have considered the submissions of learned
counsel and gone over material referred to by the learned Addl. A.G. FIR has
been registered in the matter after conduct of preliminary inquiry and finding
material linking the petitioner with violation of orders of the Head office in not
transferring under trials Kamal Kumar and Arun Kumar @ Arru to other jails,
in shifting them to VIP barracks, providing under trial Kamal Kumar medical
facilities outside the jail, as also providing facility of mobile phone, all for
monetary consideration through relatives of the undertrials, to undertrials
Kamal Kumar, Arun Kumar @ Arru and 07 others, contrary to the rules /
instructions.
[10] Material on record does not indicate false implication. In the
circumstances, I find merit in the contention of learned Addl. A.G. that since
investigation is on, custodial interrogation of the petitioner is essential to
ascertain the names of others involved in the racket, the modus operandi of
running of illegal racket of providing aforementioned facilities for monetary
considerations to under trials as also to recover the money paid to the
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petitioner/ through the petitioner inonthe
– 04-06-2021 23:19:04 in
light of decision ::: ‘P. Chidambaram v.
CRM-M No.4629 of 2021 [8]
Directorate of Enforcement, AIR 2019 SC 4198. Relevant extract of the same
is reproduced as under:-
72. Ordinarily, arrest is a part of the process of the
investigation intended to secure several purposes. There
may be circumstances in which the accused may provide
information leading to discovery of material facts and
relevant information. Grant of anticipatory bail may hamper
the investigation. Pre-arrest bail is to strike a balance
between the individual’s right to personal freedom and the
right of the investigating agency to interrogate the accused
as to the material so far collected and to collect more
information which may lead to recovery of relevant
information. In State Rep. By the CBI v. Anil
Sharma, (1997) 7 SCC 187, the Supreme Court held as
under:-
“6. We find force in the submission of the CBI that
custodial interrogation is qualitatively more elicitation-
oriented than questioning a suspect who is well ensconced
with a favourable order under under Section 438 of the
Code. In a case like this effective interrogation of a
suspected person is of tremendous advantage in disinterring
many useful informations and also materials which would
have been concealed. Success in such interrogation would
elude if the suspected person knows that he is well protected
and insulated by a pre-arrest bail order during the time he
is interrogated. Very often interrogation in such a condition
would reduce to a mere ritual. The argument that the
custodial interrogation is fraught with the danger of the
person being subjected to third-degree methods need not be
countenanced, for, such an argument can be advanced by
all accused in all criminal cases. The Court has to presume
that responsible police officers would conduct themselves in
a responsible manner and that those entrusted with the task
of disinterring offences would not conduct themselves as
offenders.”
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CRM-M No.4629 of 2021 [9]
73. Observing that the arrest is a part of the investigation
intended to secure several purposes, in Adri Dharan Das v.
State of W.B. (2005) 4 SCC 303, it was held as under:-
“19. Ordinarily, arrest is a part of the process of
investigation intended to secure several purposes. The
accused may have to be questioned in detail regarding
various facets of motive, preparation, commission and
aftermath of the crime and the connection of other persons,
if any, in the crime. There may be circumstances in which
the accused may provide information leading to discovery of
material facts. It may be necessary to curtail his freedom in
order to enable the investigation to proceed without
hindrance and to protect witnesses and persons connected
with the victim of the crime, to prevent his disappearance, to
maintain law and order in the locality. For these or other
reasons, arrest may become an inevitable part of the
process of investigation. The legality of the proposed arrest
cannot be gone into in an application under Section 438 of
the Code. The role of the investigator is well defined and the
jurisdictional scope of interference by the court in the
process of investigation is limited. The court ordinarily will
not interfere with the investigation of a crime or with the
arrest of the accused in a cognizable offence. An interim
order restraining arrest, if passed while dealing with an
application under Section 438 of the Code will amount to
interference in the investigation, which cannot, at any rate,
be done under Section 438 of the Code.”
[11] Accordingly, in the light of position noted above, and finding no
merit in the petition under Section 438 Cr.P.C., the same is dismissed.
However, nothing stated hereinabove shall be taken to be an expression of
opinion on the merits of the case. (B.S. Walia)
April 06, 2021 p Judge
‘Rajneesh-Amit’
Whether speaking/ reasoned : Yes/No
Whether reportable : Yes/No
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