Punjab-Haryana High Court
Yadwinder Singh vs State Of Punjab on 28 October, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M-47467-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-47467-2024
Reserved on: 16.10.2024
Pronounced on: 28.10.2024
Yadwinder Singh ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Ms. Sandeep Kaur, Advocate
for the petitioner.
Mr. Akshay Kumar, A.A.G., Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections
0276 02.08.2022 City Ferozepur, 409/120-B IPC and 13 of PC
District Feorozepur Act, 2018
1. The petitioner incarcerated in the FIR captioned above had come up before this
Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking
regular bail.
2. As per custody certificate filed by the State, the accused has the following
criminal antecedents:
Sr. No. FIR Date Offenses Police Station
No.
1 169 02.08.2022 409/120-B IPC and Section 13 of Sadar Ferozepur
PC Act
2 275 02.08.2022 409/120-B IPC and Section 13 of City Ferozepur
PC Act
3 277 02.08.2022 409/120-B IPC and Section 13 of City Ferozepur
PC Act
3. The facts and allegations are being taken from the reply filed by the State, which
reads as follows:
"4. That in furtherance of Letter No. DFS-STRG- 015/26/2022
STORAGE/748, dated 22-06-2022, the Deputy Director, Food and
Civil Supplies, Ferozepur Division, vide Letter по. DDF.
2022/223, dated 20-06-2022 and DDF/2022/242, dated 28-06-
2022 had initiated the Inter-District Physical verification of Wheat
authenticity of this order/judgment
CRM-M-47467-2024
Stock of Pungrain for the quarter ending 30-06-2022 at different
godown and for this purpose various teams were constituted to
verify the stock maintained at various godowns.
In this process, a team led by Sh. Harpreet Singh, Asst.
Food and Civil Supplies officer, Nihal Singh wala reached at one
of the storage site known M/s Luvkesh Sachdeva & Joginder
Singh, Ferozepur on 27-07-2022. After dissectioning and re-
scating of bags, the deficiency of 6176 wheat bags (50 kg bag
each) total weight 3088 Qtl. was detected. The stock was
misappropriated by the officials/ Inspectors of the department for
their personal benefit and thereby the State has to suffer a loss of
Rs. 71,15,000/-. The Committee had suspicion that the loss may
rise with the evacuation of entire stock but prima facie the loss
assessed was of Rs. 71,15,000/-."
4. The petitioner's counsel prays for bail by imposing any stringent conditions and
contends that further pre-trial incarceration would cause an irreversible injustice to the
petitioner and their family.
5. The State's counsel opposes bail and refers to the reply.
6. It would be appropriate to refer to the following portions of the reply, which read
as follows:
"7. That the service record of the accused have been
obtained and it is not at all in dispute that the Petitioner was
posted as Inspector at Ferozepur Centre and was appointed as
Joint custodian of the stock maintained by the department
(PUNGRAIN) at their Godowns and Storage sites. Further the
shortage of a huge quantity of wheat measuring 3088 Qtl. is
almost admitted by the petitioner and other co-accused. But the
petitioner took a particular stand that the loss of shortage was
inevitable by weather or rotten by animals or in some cases it was
stolen by miscreants. But all the claims of the Petitioner are in
complete contrast with the facts emerged during Physical
verification. The stock was dishonestly misappropriated by all the
accused which was in complete knowledge of the Petitioner and
their liability is joint.
8. That during investigation, statement of officials of
PUNGRAIN namely i) Harpreet Singh s/o Gurlal Singh Assistant
Food Supplies officer head of team ii) Mandeep Singh Inspector
Nihal Singh wala, iii) Inspector Nitish Garg, Badhni Kalan iv)
Inspector Atul Goyal c/o Punjgrain Office, Moga have been
recorded who established the Physical verification report under
investigation and proved the shortage of wheat stock at M/s
Luvkesh Sachdeva & Joginder Singh, Ferozepur which was in the
joint custody of all the accused named above. The record of the
Pungrain with regard to the Stock in dispute was taken. The gate
passes of relevant period proved that the during Crop Year 2022-
2023 the quantity of 38144 bags (50 kg each) were stored in the
said premises out of which the inspecting team detected the
wrongful shortage of 6176 bags and thereby the State exchequer
suffered a financial loss of Rs. 71,15,000/-.
Statement of Gurpreet Singh Kang, District Controller,
Food and Civil supplies, Ferozepur produced the official record,
regarding their accused have appointed as custodian of the stock
in their official capacity."
authenticity of this order/judgment
CRM-M-47467-2024
7. Pre-trial incarceration should not be a replica of post-conviction sentencing. There
is sufficient primafacie evidence connecting the petitioner with the alleged crime. Per the
custody certificate dated 15.10.2024, the petitioner's total custody in this FIR is 02
months and thirteen days. Given the penal provisions invoked viz-a-viz pre-trial custody,
coupled with the primafacie analysis of the nature of allegations, and the other factors
peculiar to this case, there would be no justifiability further pre-trial incarceration at this
stage.
8. Without commenting on the case's merits, in the facts and circumstances peculiar
to this case, and for the reasons mentioned above, the petitioner makes a case for bail.
This order shall come into force from the time it is uploaded on this Court's official
webpage.
9. Given above, provided the petitioner is not required in any other case, the
petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds
to the satisfaction of the concerned Court and due to unavailability before any nearest
Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must
be satisfied that if the accused fails to appear, such surety can produce the accused.
10. While furnishing a personal bond, the petitioner shall mention the
following personal identification details:
1. AADHAR number
2. Passport number (If available) and when the
attesting officer/court considers it appropriate or
considers the accused a flight risk.
3. Mobile number (If available)
4. E-Mail id (If available)
11. This order is subject to the petitioner's complying with the following terms.
12. The petitioner shall abide by all statutory bond conditions and appear before the
concerned Court(s) on all dates. The petitioner shall not tamper with the evidence,
influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any
witnesses, Police officials, or any other person acquainted with the facts and
circumstances of the case or dissuade them from disclosing such facts to the Police or the
Court.
13. Any observation made hereinabove is neither an expression of opinion on the
case's merits nor shall the trial Court advert to these comments.
14. A certified copy of this order would not be needed for furnishing bonds, and any
Advocate for the Petitioner can download this order along with case status from the
authenticity of this order/judgment
CRM-M-47467-2024
official web page of this Court and attest it to be a true copy. If the attesting officer wants
to verify its authenticity, such an officer can also verify its authenticity and may
download and use the downloaded copy for attesting bonds.
15. Petition allowed in terms mentioned above. All pending applications, if any,
stand disposed of.
(ANOOP CHITKARA)
JUDGE
28.10.2024
Jyoti Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
authenticity of this order/judgment
