IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

222 Decided on: 14.01.2025 Rashpal Kaur ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Amit Arora, Advocate for the petitioner.

Mr. Jasjit Singh, DAG, Punjab. Mr. Divyjot Vats, Advocate for Mr. H.S. Batth, Advocate for the complainant.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

75 07.06.2024 Jhabal, District 409, 120-B IPC Tarn Taran

1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

2. In paragraph 28 of the bail petition, the accused declares that he has no criminal antecedents.

3. The facts and allegations are being taken from the reply dated 10.12.2024 filed by the State, which reads as follows:

“4. That the true facts leading to this case are that the Executive Engineer, Panchayati Raj Lok Nirman Mandal, Tarn Taran, through his report had informed the District Development and Panchayat Officer, Tarn Taran about the difference and unaccounted expenditure of Rs.57,46,360/- made by petitioner namely Rashpal Kaur Sarpanch and co- accused Manjinder Singh Panchayat Secretary and the failure on the part of the accused to account for the funds and to produce record justifying and explaining the projected expenses. It had been further concluded that the accused had embezzled Rs.16,61,546/- separately and as such, in total, Rs.74,07,906/- had been embezzled by the accused. The legal opinion of the District Attorney, Tarn Taran was also sought on this account. DDPO, Tarn Taran through letter No.DA/2023/5477 dated 20.09.2023 had suggested registration of FIR against the accused in this regard. However, the office of Senio Superintendent of Police, Tarn Taran, through letter No.1844PC dated 09.10.2023 had requested for a dipper inquiry. To that end, the Executive Engineer, Tarn Taran had asked Manjinder Singh, Panchayat Secretary and Rashpal Kaur, former Sarpanch to appear in his office on 24.11.2023 along with the record. Rashpal Kaur appeared in the office but Manjinder Singh did not appear. Opportunity of being heard was granted to Rashpal Kaur and the Executive Engineer was again directed to carry out physical verification. The Executive Engineer through letter bearing No. 2024/628 dated 15.04.2024 had reported that no record had been produced by the accused so as to account for the unaccounted expenses. The DDPO through letter No.2024/176 dated 16.04.2024 had reported that neither Rashpal Kaur and nor the Panchayat Secretary had ever produced any record so as to justify and explain the expenses and it has been found that the accused have embezzled an amount of Rs.74,07,906/- for different development works of Gram Panchayat Padhri Kalan and in this regard, the present case FIR No.75 dated 07.06.2024, under section 409/120-B of IPC has been registered at police station Jhabal, District Tarn Taran against the petitioner namely Rashpal Kaur Sarpanch Gram Panchayat as well as co- accused namely Manjinder Singh Panchayat Secretary Gram Panchayat.”

4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

5. The State’s counsel opposes bail and refers to the reply.

6. It would be appropriate to refer to the following portions of the reply, which read as follows:

“ROLE OF THE PETITIONER:

That as far as the role of the petitioner is concerned, the petitioner in connivance with other co-accused have syphoned off and embezzled an amount of Rs.74,07,906/-while acting in the capacity of public servants at the time of dealing with the public funds and the entire amount is yet to be accounted for and for that custodial interrogation of the petitioner is utmost required. As such, the petitioner has committed the serious offence and she is certainly