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Judgment
7 paragraphs · 342 wordsGurvinder Singh Gill, J
The petitioner seeks grant of regular bail in respect of a case registered against him vide FIR No.21 dated 21.11.2020 at Police Station Vigilance Bureau Patiala Range, Patiala, under Sections 409, 420, 120-B, 201 IPC and under Sections 13(1)(a) read with Section 13(2) of the Prevention of Corruption Act.
The allegations, in nutshell, are that the petitioner, who is a Panchayat Secretary in connivance with 2 Sarpanchs had embezzled an amount of Rs.67 lakhs out of an amount of Rs.2 crores, which had been sanctioned for development works.
Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and that it is the Sarpanchs, who are responsible for execution of the development works in their respective villages and that the petitioner has been nominated solely on account of the fact that the Panchayat Secretary is supposed to maintain the record.
Opposing the petition, learned State counsel has submitted that the embezzlement would not have been possible without the active involvement of the petitioner and that it is the petitioner, who maintains the record of the payment to be made after conducting verification of the development works. Learned State counsel has, however, informed that the petitioner as on date has been behind bars since the last about 11 months. It has also been informed that as on date none out of cited 40 PWs has been examined.
This Court has considered rival submissions.
Without commenting anything as regards the merits of the case, but while noticing that the petitioner has been behind bars for the last about 11 months and that none out of cited 40 PWs has been examined till date, further detention of the petitioner will not serve any useful purpose as the conclusion of trial will take some time. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.