An accused's refusal to confess during interrogation does not amount to non-cooperation, and the right against self-incrimination under Article 20 of the Constitution protects individuals from coercive custodial interrogation intended to extract self-incriminatory statements.

Rakesh Kainthla, Judge

The petitioner has filed the present petition for seeking pre-arrest bail in FIR No. 14 of 2025, dated 07.04.2025, registered for the commission of offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code (IPC) at Police Station Sangrah, District Sirmour, H.P.

2. It has been asserted that, as per the prosecution, Panchayat Pradhan and Virender Singh, owner of M/s Shrigul Construction and Traders, had embezzled lakhs of rupees of the government fund provided for the development of Gram Panchayat Dana Ghato (Vikas Khand Sangrah) by forging bills and M-forms showing the transportation of sand and grits in motorcycles and Maruti cars. The amount was released to M/s Shrigul Construction, and it was found that several bills mentioned the registration numbers of Motorcycles, Maruti cars and JCBs as the vehicles in which the sand and grit stones were transported. The same individual was shown to be the owner of multiple vehicles despite the fact that he did not own any vehicle. The same M-forms were used before both the gram panchayats. The police registered F.I.R and investigated the matter. Virender Singh joined the investigation on 22.02.2026 and disclosed that he had procured the M-forms from Prem Chand (present petitioner). The police arrayed the petitioner as an accused based on the statement made by the co-accused. The petitioner’s custodial interrogation is not necessary for the investigation. The case of the police is highly improbable. The offences alleged against the petitioner are not heinous and are triable by a Magistrate. The petitioner would join the investigation and abide by the terms and conditions that the Court may impose. Hence, the petition.

3. The petition is opposed by filing a status report asserting that the police received a complaint regarding the embezzlement of the money by Virender Singh, owner of M/s Shrigul Construction and Traders. Gram Panchyat Dana Ghato had passed the quotation for the transportation of the sand, grit stones and other construction material for the years 2023- 24 and 2024-25 in favour of M/s Shrigul Construction and Traders owned by Virender Singh. He submitted the bills regarding the transportation of the construction material, and the payment was released in favour of M/s Shrigul Construction and Traders. It was found that the registration numbers of the vehicles in which the construction material was shown to have been transported belonged to motorcycles, Maruti cars and JCBs. A forged resolution was passed in the Gram Sabha of Gram Panchayat Redli on 01.01.2023. Reena Devi and Rama Nand were not present in the Gram Sabha, but their names were mentioned. Subsequently, information was provided under the Right to Information Act (RTI), in which the signatures were put, which showed that the signatures were obtained subsequently. The name of Suresh Kumar was mentioned twice. Promila Devi had signed against her name and the name of her husband. The police registered the F.I.R and investigated the matter. The police found during the investigation that Virender Singh had forged 29 M-forms out of 46 issued by Dalip Singh Tomar, 6 M-forms out of 8 issued by M/s Prem Pal & Sons, 3 M-forms issued by Sirmour Industries, one M-form by S S Traders and Sons, and 9 M-forms issued by M/s Shrigul Construction and Traders