Prem Singh vs State Of Punjab And Another
2023 Latest Caselaw 3571 P&H

                                                                                 2023:PHHC:049030

                               In The High Court for the States of Punjab and Haryana
                                               At Chandigarh



                                                                CRM-M-15237-2023 (O&M)
                                                                Date of Decision:- 11.04.2023



                               Prem Singh                                         ... Petitioner

                                                             Versus


                               State of Punjab and another                        ... Respondents



                 CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL


                 Present:-           Mr. Manavsi Sharma, Advocate, for the petitioner.

                                     Mr. Luvinder Sofat, DAG, Punjab,
                                     assisted by Inspector Avtar Singh.

                                     *****

                 GURVINDER SINGH GILL, J. (Oral)

1. The petitioner seeks grant of regular bail in respect of a case

registered against him vide FIR No.16 dated 05.09.2022 under

Sections 13(1)A read with Section 13(2) of Prevention of Corruption

Act, 1988 as amended by PC (Amendment) Act, 2018 and Sections

408, 420, 465, 467, 468, 477-A/120-B IPC, Police Station Vigilance

Bureau, Range Jalandhar.

2. The allegations, as per the FIR, are to the effect that there are about

1220 Account Holders/Members in Kajla Multi-purpose Co-operative

Society, Village Kajla, Tehsil Banga, District Shaheed Bhagat Singh

Nagar. The said Society has two tractors and agricultural implements

MOHAN SINGH 2023.04.11 14:56 I attest to the accuracy and authenticity of this order/judgment 2023:PHHC:049030 CRM-M-15237-2023 (O&M) -2-

and the Society sells fertilizers and pesticides to farmers. The

villagers have invested crores of rupees in FDRs in the said Society.

During the course of checking/audit in respect of the accounts from

the year 2012-2013 to 2017-2018, an embezzlement amounting to

Rs.4,24,02,561/- came to light. It is alleged that it was the

responsibility of the Inspectors, Co-operative Society, who had

remained posted from the year 2012-2013 to 2018-2019, to have

checked 100% of the record of the Society twice a year and as per

instructions of Government, it is the duty of the Audit Inspectors to

check 10 per cent record of the Primary Co-operative Society at least

once a year. It is alleged that in case the said persons had performed

the duties diligently, the embezzlement could have been traced at

initial stages. Satnam Singh, Jasvir Singh and Vivek Kumar had

remained posted as Audit Inspectors/Senior Auditor and Harbhajan

Singh and Waryam Singh had remained posted as Inspector General

of the Society during the relevant period. Bhagwant Kumar and Harsh

Marwaha, who had remained Managers of the Cooperative Bank had

sanctioned overdraft limit against FDRs of the Society after passing

resolutions by the Society. One Sawinder Singh had lodged a

complaint against Raj Kumar (present Secretary) of the Society

alleging commission of fraud, which had been marked to Deputy

Superintendent of Police, Vigilance Bureau, S.B.S. Nagar. Balvir Lal

and Suresh Chand Bassi were Committee Members, who were

equally responsbile for the embezzlement as ex-Secretary Prem Singh

and Cashier Bhupinder Singh were working under the supervision of

the Committee. It is alleged that withdrawing money and sanctioning

MOHAN SINGH 2023.04.11 14:56 I attest to the accuracy and authenticity of this order/judgment 2023:PHHC:049030 CRM-M-15237-2023 (O&M) -3-

loans is not possible without signatures of the Committee/Managerial

Members. It is, thus, alleged that former Secretary Prem Singh,

Bhupinder Singh (Secretary under dismissal), former President

Jaswinder Singh, Vice President Harvel Singh, former Member Ram

Pal, former Member Harjit Singh and former Member Balkar Singh

had committed offences under Sections 408, 420, 465, 467, 468, 477-

A/120-B IPC and Section 13(1) read with Section 13(2) of the

Prevention of Corruption Act, 1988. It is further alleged that the roles

of Audit Inspectors Satnam Singh, Jasvir Singh, Vivek Kumar and

also of Inspector Generals Surinder Pal, Vinod Kumar, Harbhajan

Singh, Waryam Singh and that of Manager Bhagwant Kumar and

Manager Harsh Marwaha and current Secretary Raj Kumar and of

Balvir Singh, Member and of Suresh Chand Bassi shall be inquired

into during investigation.

3. The learned counsel for the petitioner has submitted that very wild

sweeping allegations have been levelled in the FIR wherein a large

number of persons have been nominated as accused. It has been

submitted that there is no concrete evidence to establish the

complicity of petitioner. It is alleged that the FIR came to be lodged

belatedly much after the alleged occurrence and as such carries no

sanctity. It has been submitted that the petitioner enjoys a clean

record and is not involved in any other case.

4. On the other hand, the learned State counsel has submitted that the

petitioner is specifically named in the FIR and that the petitioner

cannot feign ignorance about the commission of aforesaid

MOHAN SINGH 2023.04.11 14:56 I attest to the accuracy and authenticity of this order/judgment 2023:PHHC:049030 CRM-M-15237-2023 (O&M) -4-

embezzlement since the embezzlement at such a huge scale could not

have remained unnoticed and apparently, the same had been

committed with active connivance of the petitioner. The learned State

counsel has, however, informed that challan already stands presented

against the petitioner and that the petitioner has been behind bars

since the last more than 7 months and otherwise has a clean record.

5. This Court has considered the rival submissions.

6. It is correct that specific allegations have been levelled against the

petitioner with respect to embezzlement in the funds of Kajla

Multipurpose Co-operative Society, Village Kajla, Tehsil Banga,

District Shaheed Bhagat Singh Nagar where he remained posted as

Secretary. However, as of now, investigation already stands concluded

and challan has been presented. The trial is yet to commence

inasmuch as none out of the cited 33 PWs has been examined. The

petitioner otherwise enjoys a clean record. In these circumstances,

further detention of the petitioner who has been behind bars since last

7 months, will not serve any useful purpose. The petition, as such, is

accepted and the petitioner is ordered to be released on bail subject to

his furnishing bail bonds to the satisfaction of learned trial

Court/Chief Judicial Magistrate/Duty Magistrate concerned.

                 11.04.2023                                      ( GURVINDER SINGH GILL)
                 mohan                                                   JUDGE


                                    Whether speaking /reasoned       Yes / No

                                    Whether Reportable               Yes / No


MOHAN SINGH
2023.04.11 14:56
I attest to the accuracy and
authenticity of this
order/judgment