Punjab-Haryana High Court
State Of Haryana vs Om Parkash And Others on 30 May, 2022
CRM-40702-2019 in/and CRM-A-2898-2019 1
245 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-40702-2019 in/and CRM-A-2898-2019
Date of Decision: 30th May, 2022
State of Haryana ... Applicant
Versus
Om Parkash and others ... Respondents
CORAM : HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present : Ms. Geeta Sharma, DAG, Haryana for the applicant.
***
AVNEESH JHINGAN , J.(Oral)
This is an application for grant of leave to file appeal against
acquittal of respondents-Om Parkash, Suresh Kumar and Balwan Singh in
case of FIR No. 33 dated 02.08.2016 registered under Sections 7 and 13 of
Prevention of Corruption Act, 1988 at P.S. State Vigilance Bureau, Hisar.
The application is accompanied by the application for condoning the delay
of 125 days.
Brief facts of the case are that the complainants-Pawan Kumar
along with Shiv Kumar made a complaint that the police officials had
installed a barrier near Police Post, Grain Market, Bhiwani and they were
illegally charging entry fee of Rs. 500/- per vehicle. On the basis of the
complaint, a trap was set up. Two notes each of denomination of Rs. 500/-
signed by Investigating Officer and Duty Magistrate and laced with
Phenolphthalein were given to Kuldeep and Pawan Kumar for handing
over the same to police officials at barriers. Kuldeep himself was driving
his truck whereas the truck of Pawan Kumar was driven by Surender. One
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currency note each was returned to the Vigilance team. It was claimed that
Kuldeep and Surender handed over two initialled currency notes at the
barrier. The amount was accepted by Om Parkash and the other two
accused were standing at the distance of 20 feet from the barrier. The
Special Police Officers reached the spot and found that Om Parkash had
thrown both the currency notes on the ground. On comparison currency
notes were found to be same which were handed over to Kuldeep and
Pawan.
The prosecution failed to examine Kuldeep and Surender who
allegedly handed over the laced currency notes to Om Parkash. The
shadow witness Shiv Kumar stated that on 1.8.2016 he was sitting in one
of the truck with complainant Pawan Kumar and Pawan Kumar handed
over the currency note to Om Parkash. The Trial Court considering that as
per the case set up Surender and Kuldeep handed over the marked currency
notes to Om Parkash but both were not examined by the prosecution.
Further, that the deposition of shadow witness was not in consonance with
the case set up by the prosecution. The accused were acquitted, as the guilt
was not proved beyond the reasonable doubt.
Learned State Counsel submits that Trial Court erred in
acquitting the accused. It was not disputed that the marked currency notes
were thrown by Om Parkash on seeing the Vigilance officials and on
comparison, currency notes were matching with the one handed over to
Pawan Kumar and Kuldeep.
The conclusion arrived at by the Trial Court is plausible.
There was no evidence produced against Suresh Kumar and Balwan Singh
of making demand for illegal gratification or receiving it. As per the case
set up, Om Parkash accepted the money but the prosecution failed to
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examine the drivers Surender and Kuldeep from whom the allegedly
demand was made and money accepted.
No case is made out for grant of leave to appeal as no legal or
factual error, much less perversity, has been pointed out in the impugned
judgment.
The application is dismissed.
Since the application for grant of leave to appeal is dismissed,
the application for condonation of delay is disposed of accordingly.
(AVNEESH JHINGAN )
JUDGE
30th May, 2022
anuradha
Whether reasoned/speaking Yes
Whether reportable Yes
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