PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL, J.
Hardeep Singh @ Gurjeet Singh - Appellant
Vs.
State Of Punjab - Respondent
CRM-M-61083-2024
Decided On : 18-02-2025
JUDGMENT :
Manjari Nehru Kaul, J.
The petitioner is seeking the concession of regular bail, filed under Section 439 Cr.P.C, in case FIR No.41, dated 06.09.2024, under Sections 406, 409, 420, 465, 467, 468, 471, 120-B IPC and Section 13(1), 13(2) of Prevention of Corruption Act, registered at Police Station, Vigilance Bureau, District Patiala.
2. Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in the present case and has been in custody since 17.09.2024. It has been submitted that it is a matter of record that the petitioner had obtained a loan of Rs.2.5 lacs from the complainant Bank and at the time of raising the loan he had mortgaged a property on 18.04.2008. The omission with respect to not making the relevant entries in the revenue records was attributable to the co-accused Patwari and the petitioner was totally unaware about the same. Counsel has contended that since investigation in the present case is complete as the challan already presented before the Trial Court, further incarceration of the petitioner would serve no useful purpose as charges are likely to be framed only on the next date of hearing coupled with the fact that since 18 prosecution witnesses have been cited, the trial would take considerable time to conclude. Counsel has also asserted that since the entire case of the prosecution is based on documentary evidence which is already part of the challan, there can be no apprehension of the petitioner tampering with the evidence in case he is enlarged on bail.
3. Per contra, learned State counsel while opposing the prayer and submissions made by the counsel opposite has reiterated the allegations levelled in the FIR which stand reproduced herein under:-
"SHO, Police Station Vigilance Bureau, Patiala Range, Patiala. Inquiry No. 3 dated 19.03.2024 Patiala and during inquiry it has been found that Hardeep Singh son of Piara Singh, resident of village Kudni, for the construction of house in the rural area had availed a loan of Rs. 2,50,000/-from Lehra Gaga Cooperative Agriculture Development Bank I td., Lehra Gaga and in lieu of this loan he had mortgaged the landed property situated in village Vajidpur in Khata NO. 16/47, Khasra No. 32//22/2 (5-4), 19//1/1/1 (3-15), Kitte 2 area measuring 8 kanal 19 marlas of which he is the one half share i.e. approximately 4 kanal 9 marla and further land situated in khata no. 16/41, Khasra No. 32//19 (4-0), 32//20 (7-18), 32//21/1 (1-12), 10/2 (6-10), 11 (9-8) total kitta 6 area measuring 31 kanal 18 marla his half share approximately comes to 15 kanal 14 marla and in all he while mortgaging 20 kanal 3 marla property as detailed above had mortgaged in favor of bank and in this respect of this very transaction he had executed mortgaged deed vide Wasika No. 33 in Sub Tehsil Moonak which was duly registered in favor of bank. On basis of this wasika the Patwari of village Vajidpur had incorporated this very fact relating to the landed property being the subject matter of mortgage in rapat no. 383 dated 18.04.2008 while entering this in the rojnamcha register and regarding this very land, being the subject matter of mortgage, the same has been mentioned in the Jamabandi of the year 2005-06 under village Vajidpur. Thereafter, village Vajidpur (Bechirag) new Jamabandi was prepared in the year 2010-11 by Balkar Singh Patwari and while preparing the said Jamabandi, inquiry was submitted to Sh. Hamir Singh field Konogo. While preparing the said Jamabandi whatever, discrepancies were found regarding the same the field Konogo Sh. Hamir Singh had incorporated in the same in the badar and vide badar no. 22 the same was registered that regarding the mortgage the complete notes were not mentioned. The note pertaining to mortgage as mentioned in the record and the redemption of the aforesaid mortgage be also done. Thereafter in compliance to aforesaid badar, Patwari as on 20.04.2012 had written that the notes were entered but said Balkar Singh Patwari i
The court granted bail based on the prolonged custody of the petitioner and the nature of evidence being documentary, mitigating the risk of tampering.
Point of Law : Legal position set out in the decision referred to hereinabove, the instances of forgery committed by the applicant, not only in the transactions entered with the complainant but also ....
The main legal point established in the judgment is the seriousness of the allegations, the need for custodial interrogation to uncover the modus operandi, and the court's discretion in dismissing th....
The court's decision to grant bail was based on the completion of investigation, primarily documentary evidence, and the accused's custody for the past year, in line with the principles laid down by ....
Bail cannot be declined to an accused only because accused is charge-sheeted for a grave economic offence.
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