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PUNJAB & HARYANA HIGH COURT
Viney Mittal, J.
Parminder Singh Garcha
Versus
State Of Punjab
Criminal Miscellaneous No. 39200 of 2003,501 of 2003,
Decided On : NOVEMBER 16, 2003
Anticipatory Bail - Criminal Conspiracy - Indian Penal Code, Sections 420, 120B and Prevention of Corruption Act, 1988, Sections 13(1)(D) and 13(2) - The court discussed the allegations of conspiracy, cheating, and causing wrongful loss to the Punjab Technical University, as well as the unauthorized running of various centers. The court considered the forged documents and the need for further investigation, ultimately denying the petition for anticipatory bail.
Fact of the Case:
The petitioner filed for anticipatory bail in a case involving allegations of criminal conspiracy, cheating, and causing wrongful loss to the Punjab Technical University, as well as the unauthorized running of various centers. The petitioner denied involvement and claimed political vendetta.
Finding of the Court:
The court found that the allegations in the FIR pertained to conspiracy, cheating, and causing wrongful loss to the Punjab Technical University, and the forged documents prima facie showed the need for further investigation. The court denied the petition for anticipatory bail.
Issues: The issues involved allegations of conspiracy, cheating, causing wrongful loss, and unauthorized running of centers, as well as the petitioner's claim of political vendetta.
Ratio Decidendi: The court considered the allegations, forged documents, and the need for further investigation in denying the petition for anticipatory bail.
Final Decision: The court dismissed the petition for anticipatory bail.
1. The present petition under Section 438 of the Code of Criminal Procedure has been filed by the petitioner Parminder Singh GaVcha. A prayer has been made for the grant of anticipatory bail in case FIR No. 68 dated Oct. 18, 2002 registered under Sections 420, 120B of the Indian Penal Code and Section 13(1)(D) read with Section 13(2) of the Prevention of Corruption Act, 1988 with Police Station Vigilance Bureau, Jalandhar, District Jalandar.
2. At the outset the contents of the FIR may be noticed as follows :
"S.H.O. P.S. Vigilance Bureau, Jalandhar. It has been learnt from the reliable sources that in the year 2001-2002 various Education Programmes run under the Distirict Education Programmes by the Punjab Technical University, Jalandhar, former Technical Education Minister Shri Jagdish Singh Garcha, former Vice Chancellor, P.T.U. H.S. Gurum and present Director (Outreach) P.T.U., Jalandhar Shri Amarjit Singh Grewal conspired and kept interest of P.T.U. aside and for giving benefits to their favourite prepared a Memorandum of Understanding (M.O.U.) in this manner whereby financial loss is caused to P.T.U. and financial gain is accrued to other service provider specially firm named Symantec Infoways, New Delhi in a direct or indirect manner to Shri Parminder Singh Garcha son of former Technical Education Shri Jagdish Singh Gracha, P.T.U. had suffered loss of about Rs. 8,77,65,5446/-, Rs. 2, 70.000/- and Rs. 4,19,000/-, total of which comes to about Rs. 11,51,84,446/-. Total duration of Memorandum of Understanding is 5 years. In this manner, the financial loss will incur more in coming 5 years. This has also been learnt that Symante Infoways, New Delhi failed in breach of their M.O.U. P.T.U. in unapporved and illegal manner gathered money i.e. under M.O.U. for opening study Centre in A Class City. Rs. 2.5 lacs were fixed to be charged maximum but Shri Parminder Singh Garcha while signing M.O.U. for A Class City has depicted in agreement for charging Rs. 3.5 lacs from Riclitic Computers. The validity of M.O.U. signed by this firm with P.T.U.is for 5 years i.e. from May 2001 to May 2006 whereas firm has signed M.O.U. with Riclitic Computers upto the year 2007. Former Technical Education Minister for his son Shri Parminder Singh Garcha earlier made benami service provider on the name of Shri G.P.S. Dhaliwal in a conspiracy with Shri H.S Gurum and Shri Amarjit Singh Grewal. In this way, they committed fraud for Shri Parminder Singh Garcha. This has also been learnt that former Minister, Shri Jagdish Singh Garcha, Shri H.S. Gurum and Shri Amarjit Singh Grewal conspired during their term without giving any advertisement and without holding any test and appointed 95 employees in the University. Out of which 34% belong to the Constituency of Shri Jagdish Singh Garcha, former Minister. Shri Jagdish Singh Garcha and Shri H.S. Gurum apponted Shri Amarjit Singh Grewal without any educational qualification against Punjab Technical University Act by creating a post of Director (Outreach). They also misused their, official position by giving extension for one year. In this manner, Shri Jagdish Singh Garcha, former Technical Education Minister, Punjab, Shri H.S. Gurum, former Vice Chancellor, Punjab Technical University, Jalandhar, Shri Amarjit Singh Grewal, Director (Outreach) P.T.U. Jalandhar and Parminder Singh Garcha son of former Technical Education Minister, Punjab Shri Jagdish Singh Garcha have committed offence under Sections 420/ 120-B, I.P.C. and 13(i)(d) read with Section 13(2), P.C. Act, 1988. After the registration of the case under these sections, copy of F.I.R. be sent to me. 1 will myself investigate the case. Ruqa is sent by hand through C-2 Amrik Singh No. 838 (KPT). Sd/- D.S.P. P.S. Vigilance Bureau, Jalandhar, 18-10-2002."
3. The petitioner has averred in the present petition that he is son of Jagdish Singh Garcha, who had been a Minister for Technical Education in the State of Punjab from the year 1999 till 2002 in
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