IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:13.01.2025 (cid:1)

Kulwinder Singh ... Petitioner Versus(cid:1)

State of Punjab ... Respondent(cid:1)

CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Mr. Tejinder Pal Singh, Advocate for the petitioner.

Mr. Amit Rana, Sr. DAG, Punjab.

***

(cid:1)

MANJARI NEHRU KAUL, J. (ORAL)

1. The petitioner is seeking the concession of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in case FIR No.41 dated 22.07.2023 under Sections 420, 409, 120-B IPC & Section 13 (1)(A), 13 (2) of the Prevention of Corruption Act, 1988 and Amendment Act, 2018 registered at Police Station Sadar Morinda, District Rupnagar.

2. Learned counsel for the petitioner submits that the petitioner was merely working as Secretary-cum-Salesman with the Cooperative Society (Agriculture) of Village Oind and it is highly improbable that he would have been in a position to withdraw and thereafter misappropriate an amount of Rs.70 lakhs, which had been deposited by the members of the Society. He has further contended that the investigation qua the petitioner is complete, as challan stands presented. The entire case of the prosecution hinges on documentary evidence, which is already part of the challan. Hence, in the circumstances, there cannot be any apprehension of the petitioner tampering with the evidence. It has also been contended that since the charges have not yet been framed coupled with the fact that as many as 20 prosecution witnesses have been cited, the possibility of the trial concluding in the near future looks remote. Therefore, in the aforesaid facts and circumstances, a prayer has been made to admit the petitioner to bail.

3. Per contra, learned State counsel while opposing the prayer and submissions made by the counsel opposite, has drawn attention of this Court to the allegations levelled against the petitioner in the FIR in question, which stands reproduced herein under:-

“Sir, it is brought to your notice that we residents of village Oind had deposited more than 70 lakh rupees as deposit, but now when we asked to return on this amount back for our household expenses, they are making excuses for returning the amount. It is clear that this amount has been embezzled by secretary of society Kulwinder Singh and President Kirpal Singh. We demand that special audit be conducted from 01.04.2016 to 31.08.2022 and embezzlement investigation should be done immediately from the Vigilance Department, Punjab. The land, house and other buildings of the president and secretary should be attached immediately. It is made clear here that in the deposit amount of those is also included who have deposited 2,3,4, lakhs by doing labour and there are many farmers also included who have deposited 5 to 10 lakh rupees which is not being returned, if action will not be taken within 15 days then we will force to have struggle, thank you very much. Gurpreet Singh, Baljinder Singh, Bhupinder Singh etc.”

4. It has been submitted by the learned State counsel that there are specific and serious allegations against the petitioner of embezzling a huge sum of Rs.70 lakhs along with co-accused Kirpal Singh. However, the learned State counsel on instructions from ASI Harpal Singh has not disputed the stage of trial and the challan already having been presented qua the petitioner before the trial Court concerned. It has also not been disputed by the learned State counsel on further instructions that entire case of the prosecution hinges on documentary evidence, which is already part of the challan. It has further been submitted by the learned State counsel that the case is fixed before the trial Court for today for framing of charges.

5. I have heard learned counsel for the parties and perused the material placed on record.

6. The petitioner has been in custody since 07.09.2024 in a case based on documentary evidence. As many as 20 witnesses have been cited by the prosecution, hence, there is little possibilit