Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
DEEPAK KUMAR TIWARI, J.
Gurjinder Pal Singh S/o Paramjeet Singh Plaha – Appellant
Versus
State of Chhattisgarh – Respondent
MCRC No. 897 of 2022
Decided On : 12-05-2022
Code of Criminal Procedure, 1973 - Section 439 - Indian Penal Code,1860 - Sections 201, 467 and 471 - Prevention of Corruption Act, 1988 - Sections 13(1)(b) and 13(2) – Disproportionate assets - Offence of Forgery of valuable security, will, etc. – Grant of Bail Case of prosecution is that FIR has been registered against applicant for acquiring disproportionate assets after preliminary enquiry calculating income from salary of applicant for check period and expenditure - Different properties suspected to be in name of family members and other familiar person were also found - Held, Court view that on this score alone bail cannot be denied to applicant as case is based on documentary evidence. Investigation has been completed; In event of such event, prosecution can always approach competent court for cancellation of bail and State may provide necessary protection after recording reasonable and satisfactory reasons; applicant is a suspended police officer having no power; applicant can be directed not to influence proceedings against him - There is no chance of risk in releasing applicant on bail. Further, keeping in view that charge-sheet has already been filed; conclusion of trial may take some more time; even sanction has not been obtained by Investigating Agency; taking into consideration period of detention which comes to about four months, without commenting anything on merits of case, this Court opinion that it is a fit case where applicant can be released on bail. - Application is allowed.
ORDER :
1. This first application under Section 439 of the Code of Criminal Procedure has been filed by the applicant who is in custody in connection with Crime No. 22/2021 registered at Police Station - Economic Offences Wing, Raipur, for the offences punishable under Sections 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as special Act) and Sections 201, 467 and 471 IPC.
2. Case of the prosecution is that FIR has been registered on 29.06.2021 against the applicant for acquiring disproportionate assets after preliminary enquiry on 14.06.2021 calculating the income from the salary of the applicant for the check period from 01.01.1996 to 29.06.2021 to be Rs. 1,75,00,000/- and expenditure as Rs. 3,55,80,967/-. Different properties suspected to be in the name of family members and other familiar person namely Preet Pal Singh Chandok were also found. After investigation charge-sheet was filed against the applicant, his wife, father and mother and Preet Pal Singh Chandok for the offences mentioned above. The calculation of Disproportionate Assets as contained in the documents filed along with the charge-sheet is as under:
| S. No. | Particulars of Assets | Gurjinder Pal Singh | Smt. Manpreet Kaur W/o Gurjinder Pal Singh | Shri Paramjeet Singh Plaha F/o Gurjinder Pal Singh | Smt. Surinder Kaur M/o Gurjinder Pal Singh | Total |
| Amount | Amount | Amount | Amount | Amount | ||
| A | Income during the check period | Rs. 31588699/- | Rs. 13441447/- | Rs.7726822/- | Rs. 15057168/- | Rs. 67814136/- |
| B | Expenditure during the check period | Rs. 49389742/- | Rs. 22787844/- | Rs. 22554451/- | Rs. 30315893/- | Rs. 125047930/- |
| C | Assets during the check period | Rs. 15162193/- | Rs. 3991792/- | Rs. 8118506/- | Rs. 11002897/- | Rs. 38275388/- |
| D | Savings (A-B) | Rs. 17801043/- | Rs. 9346397/- | Rs. 14827629/- | Rs. 15258725/- | Rs. 57233794/- |
| E | DA (DC) (Assets + Expenditure - Income (DA) | Rs. 32963236/- | Rs. 13338189/- | Rs. 22946135/- | Rs. 26261622/- | Rs. 95509182/- |
| F | DA percentage (DA/SAVINGS X 100) | 185.17% | 142.70% | 154.75% | 172.10% | 166.87% |
3. It has been alleged that total disproportionate property to the tune of Rs. 9,55,09,182/- has been found to be 166.87% excess from the income, which was not satisfactorily explained. So it is alleged that the family members and Preet Pal Singh Chandok hatched a conspiracy and abetted such offence by showing false entries of income acquired by the applicant in an illegal manner. During search of residence of applicant, some important documents were thrown away and the D.V.R. of C.C.T.V. installed at the residence were not made available.
4. The State Government vide its order 04.03.2022 accorded sanction for prosecution of the applicant under Sections 120-B, 201, 467, 471 of I.P.C. invoking powers under Section 197 Cr.P.C. and for offence relating to Prevention of Corruption Act, 1988 (Amended Act, 2018), it was opined that prima facie the charge in regard to said crime is made out but the applicant being the officer in All India Police Service, for obtaining sanction a proposal was sent for to the Central Government for obtaining necessary permission for his prosecution.
5. Counsel for the applicant submits that the applicant is innocent and has been dragged into absolutely a false case. They submit that this case has been registered just to harass the applicant; tarnish his image in the society and thereby damage the dignity and uprightness. They further submit that from the overall conduct of the Investigating Agency it is palpably clear that it is acting hand in glove with the highly placed officers of the State by dint of political vendetta. It is submitted that as per Section 17-A which has been inserted in the special Act of 1988 by way of amendment with effect from 26.7.2018
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
