High Court Denies Anticipatory Bail to ASI in Bribery Case: Serious Economic Offences Require Custodial Interrogation

In a significant ruling, the High Court of Punjab and Haryana at Chandigarh, presided over by Hon'ble Mr. Justice Anoop Chitkara, dismissed the anticipatory bail petition of ASI Kulwant Singh, involved in a bribery case under FIR No. 23 dated 09.09.2023. The petitioner, an Assistant Sub-Inspector in the Punjab Police, faced serious allegations of demanding and accepting a bribe.

The Court, in its decision on 12th January 2024, underlined the severity of economic offences and the necessity of custodial interrogation. Justice Chitkara observed, "The investigation is being conducted by the police department, which is the parent organization of the petitioner and it would be appropriate to refer to the serious allegations against the petitioner in the present FIR."

The case (CRM-M-63706-2023) highlighted the alleged demand of Rs. 50,000 as a bribe by the petitioner from the complainant, Bhuvan Singh, and the acceptance of Rs. 20,000. The Court found substantial evidence against the petitioner, including audio recordings which pointed towards the demand and acceptance of the bribe. The judgment emphasized that such economic offences, which undermine the integrity of public services, warrant a stringent approach.

Justice Chitkara cited several Supreme Court precedents to stress the importance of custodial interrogation in cases involving corruption and economic offences. He remarked, "Custodial interrogation is qualitatively more elicitation-oriented than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code."

The decision also addressed the petitioner's argument regarding the delay in filing the complaint. The Court held that the delay was not fatal to the case, given the nature of the offence and the evidence at hand.

Date of Decision: 12th January 2024

ASI Kulwant Singh VS State of  Punjab