The Punjab and Haryana High Court on Friday granted bail to former Punjab Health Minister Vijay Singla, who was sacked from the Cabinet over allegations of corruption.
On May 24 this year, Chief Minister Bhagwant Mann dismissed Mr. Singla from the Cabinet, for allegedly seeking a 1% commission on tenders for contracts, etc., in the Health and Family Welfare Department.
Mr. Mann claimed that Mr. Singla has admitted his crime and thereafter he asked the police to register a case against him. After his dismissal, the police registered an FIR under Sections 7, and 8 of the Prevention of Corruption Act at Mohali in Sahibzada Ajit Singh Nagar district against Mr. Singla and his Officer on Special Duty (OSD) Pardeep Kumar. Mr. Singla was then arrested and has been in custody since May 24, 2022.
“The court has granted regular bail to Mr. Singla in the case,” his counsel Vinod Ghai told The Hindu.
In the petition, it was submitted that since the petitioner was very popular among the masses, the political opponents wanted to tarnish his image in one way or the other, even to the extent of getting him implicated in a false case. “Unfortunately, without commission of any offence, the petitioner was arraigned as an accused in the present FIR which was lodged on the statement of Rajinder Singh, Superintending Engineer (on deputation) in Punjab Health Systems Corporation (PHSC),” it said.
‘Acted in haste’
It added that the investigating agency registered the FIR without verifying the allegations made by the complainant. “...As per the prosecution case, the entire FIR revolves around the allegation of demand only. Further, these are based solely upon an alleged voice conversation. As per the complainant, he had recorded the conversation with the petitioner in a secret concealed device and then transferred the same to his phone. In such circumstances, the veracity and authenticity of the alleged conversation was not verified by the investigating agency before registering the present FIR. Therefore, it is apparent that the investigating agency acted in haste and biased manner,” said the petition.
It was also submitted in the petition that the investigating agency not only acted in a biased manner but also in haste as the petitioner was arrested on the same day of lodging of FIR which is sheer abuse of the process of law. Notice under Section 41-A Cr.P.C must be served in case of offences where punishment is prescribed 7 years or less because arrest brings humiliation, curtails freedom and casts scars forever. “In the present FIR no such notice under Section 41-A Cr.P.C has been served to the applicant before effecting his arrest,” said the petition.
