The Punjab and Haryana High Court granted bail to the PA of former minister Bharat Bhushan Ashu Kumar, accused in the Food Grain Scam and observed that the possibility of the accused influencing the investigation, tampering with evidence, intimidating witnesses, and the likelihood of fleeing justice, can be taken care of by imposing elaborative and stringent conditions.
Brief Facts:
The petitioner, who had allegedly taken illegal gratification from contractors and further provided illegal gratification to the former minister in exchange for allocating tenders to the contractors filed a bail plea under Section 439 CrPC.
Contentions of the Applicant:
The learned counsel appearing for the petitioner argued that the petitioner was not named in the FIR and his name was wrongly added later based on an alleged disclosure by the co-accused. It was further contended that pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
Observations of the court:
The court stated that given that the material investigation is complete and other factors concerning the case, there would be no justifiability for further pre-incarceration. The court referred to the decision in Gurbaksh Singh Sibbia vs. State of Punjab which held that the bail decision must enter the cumulative effect of the variety of circumstances justifying the grant or refusal of bail.
The court further observed that the possibility of the accused influencing the investigation, tampering with evidence, intimidating witnesses, and the likelihood of fleeing justice, can be taken care of by imposing elaborative and stringent conditions.
The decision of the Court:
The court allowed the petition and granted bail to the petitioner with stringent conditions.
Case Title: Pankaj Kumar @ Meenu Malhotra vs. State of Punjab
Coram: Hon’ble Justice Anoop Chitkara
Case No.: CRM-M-28329-2023 (O&M)
Advocate for the Applicant: Mr. Bipan Ghai, Mr. Nikhil Ghai and Mr. Prabhdeep Singh Bindra, AAG, Punjab
Advocate for the Respondent: Mr. Karunesh Kaushal, AAG Punjab
Read Judgment @LatestLaws.com
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