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SURYA PARTAP SINGH, J. (Oral):

1. This petition for pre-arrest bail, is the first petition filed by the petitioner under Section 482 of ‘the Bharatiya Nagarik Suraksha Sanhita, 2023’. This petition has been filed with regard to a case arising out of FIR No.37 dated 23.07.2025, for the commission of offence punishable under Sections 406, 409, 420, 465, 467, 468, 471 and 120-B of Indian Penal Code, 1860 and Section 13(1)(a) read with Section 13(2) of Prevention of Corruption Act, Police Station Vigilance Bureau, District Patiala.

2. Briefly stating the facts emerging from the record are that the FIR of this case came into being in Police Station Vigilance Bureau Patiala Range, Patiala on the basis of an enquiry report, submitted by Vigilance Bureau. The pith and substance of the above-mentioned FIR is that ‘Munshi Ram’ was Sarpanch of the village Nalas Khurd, District Patiala for the period 2019 to 2022, whereas ‘Surinder Singh’, ‘Som Chand’, ‘Jangir Singh’, ‘Ved Prakas, ‘Sunita’, ‘Manpreet Kaur’, ‘Gurjit Kaur’ were Panches. During the course of enquiry it was revealed that Rs.58.43 crores were received by the abovesaid Sarpach, in Panchayat funds, from its predecessor in January 2019, and during the period January 2019 to August 2022 Rs.7.50 crores were received from various sources including interest on deposits & various grants etc.

3. In the enquiry, it was found that during the abovesaid tenure expenditure of Rs.32,20,59,348/- was incurred by the Panchayat on various developmental works, but the technical team of the Vigilance Bureau, with the help of local technical team, found during inspection that various bills and vouchers for a sum of Rs.26,96,33,614/- were generated at different points of time and bills of Rs.6,03,95,167/- were generated for expenditure on material and labour. According to enquiry report, those bills were signed by the Sarpanch of the Panchayat.

4. The enquiry also revealed that a total financial loss of Rs.3,61,09,454/- was caused in the construction of stadium. It was also revealed during the course of enquiry that Gram Panchayat village Nalas Khurd had decided to install a shed and an electric furnace for cremation and other related works. The estimates of the above-mentioned work were approved by the Sarpanch and Gram Panchayat, and orders were placed for supply and installation of furnace in the crematorium, to firms namely ‘Dinesh Kumar Bansal Contractor’, (the petitioner herein) ‘Bhole Nath Building Material’, ‘Falcon Enterprises’, ‘Innovation Solution’, ‘Fan Enterprises’, ‘Gill Trading Company’ etc. According to findings recorded in the enquiry report, although the bills were generated and payments were made, but no furnace was found to have been purchased or installed in the crematorium, and thus, by making payments for the purchase of above-mentioned furnace, which was never installed a financial loss to the public fund was caused, to the tune of Rs.43,32,883/-. In addition to above, there were other allegations also with regard to embezzlement of public funds. Hence, the instant FIR.

5. Notice of motion.

6. Since advance notice has already been served upon the State, Mr. J.S. Thind, DAG, Punjab, accepts notice on behalf of respondent-State. Hence, service of notice upon the State is hereby dispensed with. Reply has been filed by learned State counsel. The same be taken on record.

7. Heard.

8. It has been contended by learned counsel for the petitioner that the petitioner is innocent, having no nexus, whatsoever, with the commission of crime, and that he has been falsely implicated in the present case, without any active or passive role in the commission of alleged embezzlement of funds. According to learned counsel for the petitioner, the petitioner was simply a contractor, who was allocated a contract for construction of crematorium, and that the above-mentioned work was duly executed by the petitioner on the spot and payment was made.

9. It has also been contended by learned couns