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2012 Supreme(HP) 88
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Before
The Hon’ble Mr. Justice V.K. Sharma, Judge.
Cr.M.P.(M) No.237 of 2012. Decided on: 04.04.2012.
Puran Chand Versus State of Himachal Pradesh
For the petitioner:Mr. Bimal Gupta, Advocate.
For the respondent.:Mr. Ramesh Thakur, Asstt. Advocate General.
The seriousness of the allegations and the need for custodial investigation influenced the court's decision to dismiss the petition for bail before arrest.
Headnote:
Embezzlement - MNREGA funds - The court dismissed the petition for bail before arrest due to allegations of embezzlement of MNREGA funds and falsification of records, finding it unsafe to admit the petitioner to bail before arrest for custodial investigation.
Fact of the Case:
The petitioner, Secretary of a Gram Panchayat, was arraigned for embezzlement of MNREGA funds and falsification of records. The petitioner's request for bail before arrest was dismissed by the court.
Finding of the Court:
The court dismissed the petition for bail before arrest, finding it unsafe to admit the petitioner to bail before arrest for custodial investigation.
Issues: Allegations of embezzlement of MNREGA funds and falsification of records, safety of admitting the petitioner to bail before arrest.
Ratio Decidendi: The court's decision was influenced by the seriousness of the allegations and the need for custodial investigation, leading to the dismissal of the petition for bail before arrest.
Final Decision: The petition for bail before arrest was dismissed by the court.
V.K. Sharma, Judge (Oral) Supplementary status report filed. Investigation record produced and perused.
2. Heard. On the allegations regarding embezzlement ofMNREGA funds amounting to Rs. 5,60,012/- the petitioner, who is Secretary, Gram Panchayat, Bhanera, Tehsil Karsog, District Mandi, H.P., alongwith Mehar Singh, Pradhan of the said Panchayat has been arraigned by the police of police station, Karsog, District Mandi, H.P., for commission of the offences punishable under Sections 409 and 420 IPC, vide FIR No. 44/1 2, dated 18.3.2012. Admittedly, the prayer on behalf of the aforesaid Pradhan, Mehar Singh, for bail before arrest has already been declined by a coordinate Bench of this Court. The allegations against the petitioner are that he alongwith Mehar Singh, Pradhan had issued the disputed cheques jointly and is also responsible for falsification of records. In such circumstances, I am satisfied that it shall not be safe to admit the petitioner to bail before arrest, as he is required by the police for custodial investigation.
2. The petition is accordingly dismissed.
