'Institutional familiarity may impact witnesses': HC rejects Bhullar's bail
Chandigarh, Feb. 19 -- The Punjab and Haryana high court has said that bribery allegation against an officer of the rank of suspended Punjab DIG HS Bhullar has serious ramifications for the integrity of the criminal justice system and erodes public confidence.
"A person who has held a senior position in the police hierarchy for decades is likely to retain professional relationships and institutional familiarity, which may have a bearing on witnesses and the course of investigation. In the corruption cases involving public servants holding high office, the court is required to exercise caution particularly when material witnesses are yet to be examined and possibility of influence is asserted on reasonable and prima facie tenable grounds," the court observed while dismissing his plea for bail.
These observations have been made by the high court while dismissing bail plea from suspended DIG Harcharan Singh Bhullar, 59, booked in a corruption case registered by the Central Bureau of Investigation (CBI) on October 16 last year. The order was pronounced on February 16 and made available on Wednesday.
The high court bench of justice Sumeet Goel observed that the gravity of the offence and the position held by the petitioner are relevant factors while adjudicating the prayer for the grant of bail. The material which has been placed on record that the complaint was first verified by the CBI before the FIR in question was registered. The recorded conversation, the verification report and the trap proceedings, prima facie indicate a demand for illegal gratification and the collection of part of the bribe amount through a co-accused. At this stage, this material cannot be ignored or brushed aside, the court added.
Referring to the evidence presented by the CBI the court said that at this stage it cannot be said that the prosecution case is devoid of prima facie substance.
The court further said that though a chargesheet has been filed, charges are yet to be framed and complainant and shadow witnesses have not been examined. "...the apprehension expressed by the prosecution and the complainant regarding possible influence cannot be brushed aside lightly. Particularly in view of the rank held by the petitioner and the fact that some of the witnesses are police personnel and government officials, who had been within his administrative fold. .mere fact that he stands suspended does not ipso facto neutralise the possibility of influencing the witnesses and tampering with the evidence," the court said.
Bhullar and middleman Krishanu Sharda, 29, a national-level hockey player, were arrested on October 16 following a complaint filed by Akash Batta, a scrap dealer from Mandi Gobindgarh.
During a subsequent search at Bhullar's Sector 40 home, the CBI had seized around Rs.7.5 crore in cash, gold and silver jewellery worth Rs.2.32 crore, 22 luxury watches, multiple luxury vehicles, 40 litres of imported liquor, and documents for 129 acres of agricultural land, numerous urban properties in Patiala, Ludhiana, Mohali and New Chandigarh, and 50 commercial shops at Machhiwara, Ludhiana.
Bhullar has been lodged in Model Jail, Chandigarh, since his arrest four months ago. The CBI had also registered a separate case of disproportionate assets against him in which a chargesheet is yet to be filed. He secured bail in that case on January 5 from the trial court.
Meanwhile, the ministry of home affairs, Government of India, has granted sanction to prosecute Bhullar, clearing the way for his trial. A supplementary chargesheet against Bhullar and Sharda was filed by the CBI before the special CBI court in Chandigarh on Tuesday. The agency informed the special CBI judge that prosecution sanction had been accorded.
As per the CBI, the January 23, 2026, order authorises prosecution of the 2009-batch IPS officer under Sections 7 and 12 of the Prevention of Corruption Act, 1988 (as amended), and Section 61 (2) of the Bharatiya Nyaya Sanhita, 2023. The sanction, issued in the name of the President under Section 19(2) of the Prevention of Corruption Act, enables the CBI to initiate criminal proceedings before a competent court....
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