Punjab-Haryana High Court
Gurwinder Singh vs State Of Punjab on 25 April, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:056552
CRM-M No. 14596 of 2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No. 14596 of 2024
Reserved on: 08.04.2024
Pronounced on: 25.04.2024
Gurwinder Singh ...Pe""oner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. S.P.S. Sidhu, Advocate
for the pe""oner.
Mr. Kanav Bansal, D.A.G., Punjab.
Ms. Aashna Gill, Advocate
for the complainant.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta"on Sec"ons
7 13.02.2024 Vigilance Bureau, 409, 120-B IPC and 13(1) (d)
Pa"ala, District r/w 13(2) of PC (Amendment)
Pa"ala Act, 2018
1. The pe""oner apprehending arrest in the FIR cap"oned above, has come
up before this Court under Sec"on 438 CrPC.
2. Vide order dated 20.03.2024, this Court had granted interim an"cipatory
bail to the pe""oner and the said order is con"nuing "ll date.
3. Prosecu"on case is being extracted from reply dated 02.04.2024 filed by
concerned DySP which reads as follows:-
"a) That the FIR 07 dated 13.02.24 was registered
against the present pe oner who was the Sarpanch of the
Gram Panchayat Bibipur during the period of 2013-2018 he
received the amount of 13,92,747/- in Cash, but in cash
books of Gram Panchayat Bibipur entries shows the of only
Rs.9,09,664/- which clearly shows the embezzlement of
Sarpanch and other co-accused so there is embezzlement of
Rs.04,83,083/- as per the cash books as per cash books of
the Gram Panchayat Bibipur.
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b) That so as per the above said allega ons FIR No.7
Dated 13.02.2024 was registered against the pe oner
who was the Sarpanch of the Village and against the Ranjit
Singh who was Panchayat Secretary whose arrest is s ll
pending. Moreover a bills which was annexed by the
pe oner are the part of our inves ga on and s ll to be
verified as per law.
c) That the Inves ga on of the present FIR is s ll
underway with Vigilance Bureau Unit, Pa ala. Moreover
pe oner has joined the inves ga on as per the order of
this Hon'ble Court Dated 20.03.2024 and also furnished the
bail bonds as well as Surety bonds.
5. That as per facts of the case, role of the pe oner
has been established a=er enquiry conducted by the
concerned officials that during the period 2013 to 2018, the
gram panchyat had received the grants of a total amount
of Rs. 13,92,747/ in cash but the expenses in the cash book
shows the amount Rs. 9,09,664/- which clearly shows the
embezzlement of Pe oner and Panchayat Secretary."
4. Pe""oner seeks bail on the ground that he has joined the inves"ga"on
and has fully cooperated and is a first offender.
5. State counsel on instruc"ons received from the Inves"gator submits that
they do not want to arrest the pe""oner.
6. When this Court had heard the arguments and reserved the judgment,
following order was passed:-
"Pe oner's counsel submits that the pe oner has joined
the inves ga on and cooperated with the inves gator. He further
submits that original bills are lying with the office of BDPO.
Counsel for the State on instruc ons from the inves gator-
Inspector Harsimranjeet Singh, who is present in the Court,
submits that they would collect the original bills from the BDPO
office, where they are lying. He further submits that given the
coopera on of the pe oner, they do not want to arrest him.
Complainant's counsel opposes the stand of the State
counsel."
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Neutral Citation No:=2024:PHHC:056552
7. Counsel for the complainant has also opposed the bail by submiHng that
the pe""oner during his tenure in the Panchayat from 2013 to 2018 misappropriated an
amount of Rs.4,83,083/- and had made payments in case contrary to the rules and
caused loss to the government exchequer.
8. Perusal of the record and submission of the State counsel based on the
instruc"on from Inves"gator that they do not want to arrest the pe""oner, no ground is
made out to deny bail to the pe""oner.
9. Given above, the pe""on is allowed. Interim order dated 20.03.2024 is
made absolute. All pending applica"ons, if any also stands disposed.
(ANOOP CHITKARA)
JUDGE
25.04.2024
Jyo" Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
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