In Madhu Tanwar & Anr. v. State of Punjab

HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Rahul Bhargava, Advocate for the pe""oner. Mr. Sukhdev Singh, AAG, Punjab. **** ANOOP CHITKARA, J. FIR No. 16 Dated 02.05.2023 Police Sta’on Vigilance Bureau, District Nagar FS-1, SAS Sec’ons 409, 420, 465, 466, 468, 471, 120-B IPC and 13(1)(a) read with Sec"on 13(2) of the Preven"on of Corrup"on Act

1. The pe""oner apprehending arrest in the FIR cap"oned above has come up before this Court under Sec"on 438 CrPC seeking an"cipatory bail.

2. The allega"ons against the pe""oners are that she received huge compensa"on of Rs.50.00 lacs from the State for Guava Trees planted on her land, where none existed.

3. At the outset, counsel for the pe""oner submits that she is willing to return 100% of compensa"on which they have received from GMADA qua land acquisi"on and is willing to comply with any stringent condi"on(s) if this Court imposes and further submits that co-accused has already been granted similar benefit by this Court.

4. However, on instruc"ons, State counsel opposes the bail and submits that now all the beneficiaries are deposi"ng the en"re compensa"on amount and some have even deposited the interest accrued thereupon.

5. In Madhu Tanwar and Anr. v. State of Punjab, 2023:PHHC:077618 [Para 10, 21], CRM-M-27097-2023, decided on 29-05-2023, this court observed, [10] The exponen"al growth in technology and ar"ficial iden"fica"on techniques intelligence has transformed remarkably. Voice, gait, and facial recogni"on are incredibly sophis"cated and pervasive. Impersona"on, as we know it tradi"onally, has virtually become impossible. Thus, the remedy lies that whenever a judge or an officer believes that the accused might be a flight risk or has a history of fleeing from Sonia Puri 2024.06.01 16:15 I attest to the accuracy and integrity of this document CRM-M-29001 of 2024 2 jus"ce, then in such cases, appropriate condi"ons can be inserted that all the expenditure that shall be incurred to trace them, shall be recovered from such person, and the State shall have a lien over their assets to make good the loss. [21] In this era when the knowledge revolu"on has just begun, to keep pace with exponen"al and unimaginable changes the technology has brought to human lives, it is only fiDng that the dependence of the accused on surety is minimized by giving alterna"ve op"ons. Furthermore, there should be no insistence to provide permanent addresses when people either do not have permanent abodes or intend to re-locate.

6. Given above, provided the pe""oner is not required in any other case, the pe""oner shall be released on bail in the FIR cap"oned above, in the following terms: (a). Pe""oner to furnish personal bond of Rs. Ten thousand (INR 10,000/); AND (b) To give one surety of Rs. Twenty-five thousand (INR 25,000/-), to the sa"sfac"on of the concerned Inves"gator, and in case of non-availability, to any nearest Ilaqa Magistrate/duty Magistrate. Before accep"ng the surety, the concerned Inves"gator must sa"sfy that if the accused fails to appear before the Court, then such surety can produce the accused before the court. OR (b). Pe""oner to hand over to the concerned court a fixed deposit for Rs. Ten thousand only (INR 10,000/-), with the clause of automa"c renewal of the principal and the interest rever"ng to the linked account, made in favor of the ‘Chief Judicial Magistrate’ of the concerned district, or blocking the aforesaid amount in favour of the concerned ‘Chief Judicial Magistrate’. Said fixed deposit or blocking funds can be from any of the banks where the stake of the State is more than 50% or from any of the well-established and stable private sector banks. In case the bankers are not willing to make a Fixed Deposit in such eventuality it shall be permissible for the pe""oner to prepare an account payee demand draL favouring concerned Chief Judicial Magistrate for a similar amount. (c). Such court shall have a lien over the funds un"l the case's closure or discharged by subs"tu"on, or up to the expiry of the period men"oned under S. 437-A CrPC, 1973, and at that stage, subject to the proceedings under S. 446 CrPC, the en"re amount of fixed deposit, less taxes if any, shall be endorsed/returned to the depositor. Sonia Puri 2024.06.01 16:15 I attest to the accuracy and integrity of this document CRM-M-29001 of 2024 3 (d). The pe""oner is to also execute a bond for aNendance in the concerned court(s) as and when asked to do so. The presenta"on of the personal bond shall be deemed acceptance of the declara"ons made in the bail pe""on and all other s"pula"ons, terms, and condi"ons of sec"on 438(2) of the Code of Criminal Procedure, 1973, and of this bail order. (e). While furnishing personal bond, the pe""oner shall men"on the following personal iden"fica"on details:

1. AADHAR number

2. Passport number, (If available), when the aNes"ng officer/court thinks appropriate or considers the accused as a flight risk.

3. Mobile number (If available)

4. E-Mail id (If available)

7. Given the stand of the pe""oner, she is directed to deposit the en"re compensa"on amount by 15.06.2024. It is further clarified that since the offer of returning the en"re compensa"on amount is voluntary, it is clarified that in case, the pe""oner fails to deposit the amount "ll 15.06.2024, State shall file an applica"on for cancella"on of bail. It is further clarified that in case, the pe""oner is held en"tled to the money in any legal proceedings, he may raise claim for any interest thereupon.

8. Further, the pe""oner shall join inves"ga"on as and when called upon to do so.

9. Given above, the present pe""on is allowed in the terms men"oned above. Pending applica"ons, if any, stand disposed of.

10. This order shall come into force from the "me it is uploaded on the official webpage of this Court. (ANOOP CHITKARA) JUDGE

31.05.2024 Sonia Puri Whether speaking/reasoned: Whether reportable: Yes No. Sonia Puri 2024.06.01 16:15 I attest to the accuracy and integrity of this document