The High Court · 2025

Mr. Tejinder Pal Singh, Advocate Present: Mr. for the petitioner. for t Mr. Amit Rana, Sr. DAG, Punjab. Mr. *** *** (cid:1) MANJARI NEH I NEHRU KAUL, J. (ORAL)

1. The petitioner is seeking the concess The 483 of oncession of bail under Section 483 of the Bharatiya N iya Nagarik Suraksha Sanhita in cas

7.2023 in case FIR No.41 dated 22.07.2023 under Sections tions 420, 409, 120-B IPC & Sec of the Section 13 (1)(A), 13 (2) of the Prevention of C of Corruption Act, 1988 and Ame Amendment Act, 2018 registered a ered at Police Station Sa nagar. Sadar Morinda, District Rupnagar.

2. Learned counsel for the petitioner Lear tioner submits that the petitioner was merely working orking as Secretary-cum-Salesman ociety man with the Cooperative Society (Agriculture) of of Village Oind and it is highly d have ighly improbable that he would have been in a position osition to withdraw and thereafter mis Rs.70 ter misappropriate an amount of Rs.70 lakhs, which had ch had been deposited by the member further embers of the Society. He has further contended that th that the investigation qua the petition stands etitioner is complete, as challan stands presented. The e The entire case of the prosecution hi idence, tion hinges on documentary evidence which is already ready part of the challan. Hence, in th not be e, in the circumstances, there cannot be any apprehension ension of the petitioner tampering wit o been ng with the evidence. It has also been PANKAJ KUMAR 2025.01.13 18:50 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.579 o.57953 of 2024 -2- contended that si that since the charges have not yet be yet been framed coupled with the fac he fact that as many as ny as 20 prosecution witnesses have b of the have been cited, the possibility of the trial concluding i ding in the near future looks remote. d facts mote. Therefore, in the aforesaid facts and circumstance stances, a prayer has been made to adm to admit the petitioner to bail.

3. Per contra, learned State counsel Per er and unsel while opposing the prayer and submissions mad s made by the counsel opposite, has ourt to has drawn attention of this Court to the allegations le levelled against the petitioner in th stands er in the FIR in question, which stands reproduced herei herein under:- “Sir Sir, it is brought to your notice th Oind ce that we residents of village Oind had deposited more than 70 lakh r kh rupees as deposit, but now when we asked to return on this amount b we a nses, unt back for our household expenses they are making excuses for return turning the amount. It is clear tha this amount has been embezzled by d by secretary of society Kulwinder Singh and President Kirpal Singh. W Sing it be gh. We demand that special audit be conducted from 01.04.2016 to to 31.08.2022 and embezzlemen investigation should be done im immediately from the Vigilanc Department, Punjab. The land, ho Dep f the , house and other buildings of the president and secretary should be a be attached immediately. It is made clear here that in the deposit amou mount of those is also included who have deposited 2,3,4, lakhs by doi doing labour and there are many farmers also included who have dep deposited 5 to 10 lakh rupees which is not being returned, if action will is no will not be taken within 15 days then we will force to have struggle, th le, thank you very much. Gurpree Singh, Baljinder Singh, Bhupinder S Sing er Singh etc.”

4. It has been submitted by the learn It ha ere are learned State counsel that there are specific and serio d serious allegations against the petiti e sum e petitioner of embezzling a huge sum of Rs.70 lakhs al khs along with co-accused Kirpal Sin d State al Singh. However, the learned State counsel on instru instructions from ASI Harpal Singh h ingh has not disputed the stage of tria of trial PANKAJ KUMAR 2025.01.13 18:50 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.579 o.57953 of 2024 -3- and the challan a allan already having been presented q nted qua the petitioner before the tria he trial Court concerned erned. It has also not been disputed sel on puted by the learned State counsel on further instructio tructions that entire case of the pros entary e prosecution hinges on documentary evidence, which which is already part of the challan. I tted by llan. It has further been submitted by the learned State State counsel that the case is fixed be xed before the trial Court for today for framing of charg charges.

5. I have heard learned counsel for the I hav for the parties and perused the materia aterial record. placed on record.

6. The petitioner has been in custody s The stody since 07.09.2024 in a case based on documentary entary evidence. As many as 20 wi by the 20 witnesses have been cited by the prosecution, hen n, hence, there is little possibility of e near ity of the trial concluding in the near future. Therefore erefore, in the facts and circumstances tances as enumerated hereinabove, thi ve, this Court deems it fi s it fit to extend the concession of bai of bail to the petitioner.

7. Accordingly, the instant petition Acc ner be tition is allowed. The petitioner be admitted to bail o bail on his furnishing bail/surety bon ty bonds to the satisfaction of the Tria e Trial Court/Duty Mag Magistrate concerned. However, i ything ver, it is made clear that anything observed hereina ereinabove shall not be construed to ion on ed to be an expression of opinion on the merits of the of the case.

8. Needless to add, in case the petitione Nee etitioner misuses the concession of bai of bail granted to him, th him, the State would be at liberty to se y to seek cancellation of the same. (MANJARI NEHRU KAUL AUL) JUDGE January 13, 202 Pankaj* , 2025 Whether speaking/reasoned Whether reportable : : Yes/No Yes/No PANKAJ KUMAR 2025.01.13 18:50 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh