Punjab & Haryana High Court Grants Bail To Former AIG Ashish Kapoor In Bribery Case

Update: 2023-05-31 09:10 GMT
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The Punjab and Haryana High Court has granted bail to former Assistant Inspector General of Police (AIG) Ashish Kapoor and Assistant Sub Inspector Harvinder Singh in a bribery case. The court took note of the petitioners' "substantial period" of custody of more than seven months and ordered their release on regular bail.The incident in question allegedly occurred in 2018, but the...

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The Punjab and Haryana High Court has granted bail to former Assistant Inspector General of Police (AIG) Ashish Kapoor and Assistant Sub Inspector Harvinder Singh in a bribery case. The court took note of the petitioners' "substantial period" of custody of more than seven months and ordered their release on regular bail.

The incident in question allegedly occurred in 2018, but the First Information Report (FIR) was registered at a later date in 2022. Kapoor had come into contact with a woman, who was in custody in an Amritsar Jail. A case was filed against her relatives, and Kapoor, along with the second accused ASI Harjinder Singh, allegedly received a sum of Rs. 1 crore through various bank accounts.

During the hearing, the petitioner's counsel argued that Kapoor was falsely implicated in the case. However, the complainant's counsel submitted that a Forensic Science Laboratory (FSL) report on voice sample matching incriminates the accused and that a video purportedly shows Kapoor assaulting the victim.

The court of Justice Gurvinder Singh Gill directed the duo to be released on a regular bail after furnishing bail bonds to the satisfaction of the trial court.

While granting bail, Justice Gill observed, “The accused has been behind bars for more than seven months and the trial has not commenced to date and even charges have not been framed for want of sanction in respect of one accused.”

The court said it is undoubtedly correct that specific allegations have been levelled against the accused and the police claim to have collected sufficient evidence to establish the allegations.

“However, this court cannot lose sight of the fact that the petitioners have been behind the bars for a substantial period of about seven and a half months. The trial has not even commenced till date inasmuch as charges have not been framed for want of sanction in respect of one of the accused,” Justice Gill said.

Case Title:

  1. Ashish Kapoor vs State of Punjab CRM-M-2151-2023 (O&M)
  2. Harjinder Singh vs State of Punjab CRM-M-1584-2023 (O&M)

Citation: 2023 LiveLaw (PH) 102

Present:

Mr. Bipan Ghai, Senior Advocate, with M/s Nikhil Ghai and Siddanth Arora, Advocates, for the petitioner in CRM-M-2151-2023.

Mr. Jashan Mehta, Advocate, for the petitioner in CRM-M-1584-2023.

Mr. J.S.Mehandiratta, Addl. AG, Punjab.

M/s A.K.Bishnoi, M.R.Bhardwaj and N.K. Vashisht, Advocates, for the victim.

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