'Depicts Public Perception Of Money Power': P&H HC Rejects Pre-Arrest Bail Of Man Accused Of Taking ₹10 Cr For Providing Governor Post
The Punjab and Haryana High Court has refused to grant anticipatory bail to a man accused of taking 10 crore with other co-accused for securing the post of Lieutenant Governor in Andaman and Nicobar, observing that granting relief when there is prima facie sufficient evidence would send a "very negative message" to the public.The Court said, "The Governor's post is the highest post under...
The Punjab and Haryana High Court has refused to grant anticipatory bail to a man accused of taking 10 crore with other co-accused for securing the post of Lieutenant Governor in Andaman and Nicobar, observing that granting relief when there is prima facie sufficient evidence would send a "very negative message" to the public.
The Court said, "The Governor's post is the highest post under the Indian Constitution in every State of the Union of India. Unfortunately, Surender Malik believed that he could have been appointed as Governor by paying money, which depicts the public perception of ground realities, the power of money, and how people can procure what they wish by finding the right person or a con contacting them. If the petitioner is granted bail, it would send a very negative message to the people of India."
These observations were made while hearing an anticipatory bail of one Dalbir Singh. According to the complaint petitioner Dalbir Singh and the main accused, Venkat Raman Murti and others demanded Rs. 100 Crore to appoint Surender Malik as Governor of Andaman and Nicobar and as per the deal, out of Rs. 100 crores, 30 crores had to be paid in advance, and the accused had received Rs. 10 crores 45 lacs, out of which Rs. one Crore were received by the petitioner in his account.
Counsel for petitioner argued that Dalbir is not the main accused, Venkat Raman Murti, and the petitioner was introduced only through his brother in-law Manbir Singh, who was an Inspector in Haryana Police, and the petitioner has only been used as a money mule.
Complainant's counsel submitted that even if the petitioner has the least role, however, because he had received Rs. One crore and was aware of the entire scam, he is not at all entitled to anticipatory bail.
After examining the submissions, the Court observed that photographs, WhatsApp chats, and the investigation duly corroborate the money paid by Surender Malik. The transfer of Rs One Crore in the petitioner's account further corroborates it.
"The petition is silent about receiving such massive money in his account. Although, as per petitioner's counsel, Surender Malik had expired on 09.06.2023 and there was no dispute until the filing of the complaint, Surender Malik's death would not close the fraud that had taken place with him, and further, according to the complainant's counsel, Surender Malik had died due to the shock from the same," it added.
The judge highlighted that perusal of the bail petition and the documents attached primafacie points towards the petitioner's involvement and does not make out a case for anticipatory bail.
Adding that impact of crime would also not justify anticipatory bail, the Court rejected the plea.
Mr. Gobind Dhanda, Advocate for the petitioner.
Ms. Harpreet Kaur, AAG, Haryana.
Mr. Vijay Pal, Advocate and Mr. Akash Lather, Advocate for the complainant.
Title: Dabir Singh v State of Haryana
Click here to read/download the order