Joginder Singh vs State of H.P.

Kuldip Singh, Judge

This is an application, u/s 438 Cr.P.C., for releasing the petitioner on bail in FIR No. 258/11 dated 3.11.2011, registered at Police Station, Sadar Una, H.P., under sections 420, 467, 468, 471, 120B IPC. It has been stated that petitioner was earlier President, Gram Panchayat, Upper Dehlan from the years 2006 to 2011. In the year 2008, some construction was carried out under the supervision of President, Vice-President, Secretary, Ward Panch and under the overall supervision of government officials. The construction of path leading towards the house of Sucha Singh was started on 18.3.2008 and completed on 3.5.2008. Sucha Singh after three years of completion of work has filed a complaint, the court ordered investigation and thereupon the FIR has been registered. The embezzlement of about Rs. 8500 to Rs. 10,000/-has been found by the police.

The complainant and petitioner belong to different political parties. There is political rivalry between the complainant and petitioner. The petitioner apprehends his arrest due to registration of the case. The petitioner is innocent, he has been falsely implicated in the case. The petitioner as President of the Gram Panchayat had no financial powers. The petitioner was not directly associated with the construction work. The petitioner is ready to join the investigation and furnish bail bonds as per directions of the court. The submission has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that case has been registered on the directions of learned Judicial Magistrate Ist Class, Court No. 1, Una, u/s 156(3) Cr.P.C. It has come in the investigation that in the year 2007-08 an amount of Rs. 1,50,000/- was sanctioned for repairing two streets in the Gram Panchayat. The work was started in March/ April 2008 under the supervision of Joginder Singh President, Piara Ram Vice President and Sohan Singh Ward Panch. Piara Ram used to purchase the material and bring the same as per bills on the directions of the petitioner. The Vice President and Secretary Amandeep used to prepare muster-rolls.

It has come in the investigation that they prepared fake muster-rolls. The bill with Sr. No. 2291 amounting to Rs. 2160/- of Shiv Shakti Enterprises, Behdala is fake. Bhupinder Singh owner of Shiv Enterprises, Behdala has stated that said bill is not of their shop. The Panchayat Inspector Gurbachan Singh and Asstt. Panchayat Inspector Ravi Dutt had inquired into the matter and submitted their report to Block Development Officer, Una. The complainant in his complaint has made the said two persons as an accused, but till now no concrete evidence has come against these two persons.

It has come in the investigation that petitioner, Vice President Piara Ram, Secretary Amandeep and Ward Panch Sohan Singh got the work completed under their supervision in the Panchayat. The muster-rolls and bill were prepared by the Vice President Piara Ram and Secretary Amandeep on the directions of petitioner. They have prepared fake muster-rolls and bill. Piara Ram Ex-vice President and Amandeep have been granted bail on 30.5.2012. The petitioner has joined the investigation, but he is not coming out with true version. The submission has been made for rejection of the bail application.

Heard and perused the record. The allegations against the petitioner are that under his directions Piara Ram Vice President, Amandeep Secretary had prepared fake muster-roll and bill for carrying out the works in the Panchayat in the year 2008. The FIR has been registered on 3.11.2011 after about three years. Piara Ram and Amandeep have been granted bail u/s 438 Cr.P.C. in Cr.MP(M) Nos. 447 and 448 of 2012 on 30.5.2012. The allegations against the petitioner are also similar. In these circumstances, the petitioner has made out a case for grant of bail, u/s 438 Cr.P.C.

In view of above, the petition is allowed and it is directed that in the event of arrest of the petitioner in FIR No. 258/11 dated 3.11.2011, registered at Police Station, Sadar Una, H.P., under sections 420, 467, 468, 471, 120B IPC, the petitioner be released on bail on his furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of arresting officer with the conditions that petitioner shall continue to join the investigation as and when called by the investigating officer and shall not overawe, terrorise the prosecution witnesses and shall maintain absolute peace and lawful conduct during the pendency of the case. The petitioner shall not hamper the investigation and tamper with the prosecution evidence in any manner. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.

Copy dasti.