July 11, 2020 1:34:57 am
The special CBI court of Chandigarh on Friday dismissed the anticipatory bail plea of Inspector Jaswinder Kaur, who has been facing allegations of demanding bribe of Rs five lakh.
While dismissing the bail plea, the court of Additional District and Sessions judge Dr Sushil Kumar Garg said, “Why should a corrupt public servant, who is not only a menace to the society but a potential threat so far as the progress of the country is concerned, be shown any indulgence by a court of law by granting him protection in the form of an anticipatory bail.”
Earlier, during the hearing through video conferencing, CBI public prosecutor Kanwar Pal Singh opposed the bail plea of Kaur and argued that the plea mentions that the complainant Gurdeep Singh has a case registered with Police Station, Vigilance, Mohali, although it has nothing to do with present case.
While as per execution of compromise, as stated by accused Kaur is concerned, it is clear from the 164 CrPC statement of Constable Sarabjit Singh, posted at Police Station, Manimajra, that the signatures of Gurdeep Singh were taken on blank paper and later on, said compromise on June 21, was scribed on the blank signed paper of complainant Gurdeep Singh as per the dictation of accused Jaswinder Kaur.
Therefore, the compromise is not helpful to the accused, says this, the public prosecutor pleaded that anticipatory bail should be dismissed.
After hearing the CBI plea, the CBI court held, “The presumption of innocence, by itself, cannot be the sole consideration for grant of bail. The presumption of innocence is one of the considerations, which the court should keep in mind while considering the plea for bail… pre-trial detention in itself is not an evil, nor opposed to the basic presumption of innocence. If liberty is to be denied to an accused to ensure corruption free society, then the courts should not hesitate in denying such liberty. Where overwhelming considerations in nature aforesaid require denial of anticipatory bail, it has to be denied.”
Mentioning a pronouncement by Robert Walpole, former Prime Minister of United Kingdom, that “all men have their price, notwithstanding the unsavoury cynicism that it suggests, is not very far from truth”, and of Romain Rolland, who lamented that France fell because there was corruption without indignation, the CBI court stated that corruption has, in it, very dangerous potentialities.
The Court also held that it was a matter of record that accused Jaswinder Kaur had not joined the investigation despite the knowledge of the same and further, the fact of having made a false entry in the DDR register of the police station regarding the joining of investigation in the CBI office, which she in fact did not do, also has grave reflection upon her functioning as the SHO of Police Station, Manimajra.
The CBI court also agreed to the submission of the CBI Public Prosecutor that custodial interrogation of the accused was necessary to unearth the truth regarding the larger conspiracy of demanding and accepting bribe by accused Bhagwan Singh.
The court held that, “As on date, there is no reason for me to disbelieve the case put up by the complainant. It would be too far fetched for this Court to take the view that the applicant/accused Jaswinder Kaur has been falsely involved in the offence.”
Kaur was accused of demanding a bribe of Rs 5 lakh through a conduit, Bhagwan Singh.
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