Thursday, June 27, 2002, Chandigarh, India





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Sidhu gets bail in graft case
Tribune News Service

Ropar, June 26
Mr Maghar Khan, Sessions Judge, today granted bail to the suspended PPSC Chairman Ravinder Pal Singh Sidhu in a case registered against him by the Vigilance Bureau under the Prevention of Corruption Act. Later, the bureau added Sections 467, 468, 471 and 120-B IPC in the FIR in connection with a forged will.

In his order, the Sessions Judge mentioned that the applicant (Sidhu) was arrested on March 25 and was produced before the Magistrate, on March 26. The period of 90 days had expired on June 23, but the prosecution failed to present a challan within the period against the accused. Hence the applicant was entitled to the benefit under Section 167(2) of the CrPC and entitled to bail on this ground alone. In view of the law laid down by the apex court, the accused was ordered to be released on bail after furnishing bail bonds of Rs 5,00,000 and a surety in the like amount, the order said.

The Sessions Judge also mentioned in the order that initially the applicant was arrested by the police under the Prevention of Corruption Act for which the prosecution had 60 days to complete investigation but it could not do so. But as it had added offences under Sections 467, 468, 471 and 120-B, IPC the prosecution was required to submit a challan against the applicant within 90 days. Though the prosecution had said the applicant was arrested on June 22 under Sections 467, 468, 471 and 120-B, IPC, it was a fact that no separate FIR was registered against the applicant, only offences were added in the FIR which was registered on March 25.

Sidhu had filed the bail application on June 22 on the ground that the prosecution had not submitted the challan against him even after 90 days so he was entitled to bail under Section 167(2), CrPC.

The public prosecutor said the challan against the applicant was almost complete and a formal sanction to prosecute the applicant was to be obtained from the President of India. The papers had already been despatched. He argued that the offences under Sections 467, 468, 471 and 120-B of the IPC had been added later on and the applicant had been arrested in the said offences on June 22. Therefore the applicant was not entitled to benefit under 167 (2), CrPC.

Earlier, on June 1, the bail application of Sidhu was rejected on the ground that he could be kept in detention for 90 days after the inclusion of Sections 467, 468, 471 and 120-B, IPC, in the FIR.

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Ravi Sidhu files revision plea
Our Correspondent

Patiala, June 26
Challenging the local court order of police remand for suspended PPSC Chairman Ravinder Pal Singh Sidhu, Mr Sidhu’s defence lawyer today filed a revision petition in the court of Duty Sessions Judge, Ms Sabina.

The court has sent notice to the Vigilance Bureau in this regard.

A local court on June 22 had given permission to the bureau to take the accused in police remand till June 27. Calling the police remand “illegal” and a contradiction of CRPC’s mandatory provisions, the defence has requested that any information gathered from the accused during the police remand should not be considered. Hearing in this regard will take place on June 28.

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