Sangat Ram vs State of Himachal Pradesh

Kuldip Singh, Judge

This is an application u/s 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 53 of 2010 dated 26.6.2010 registered at Police Station, Ani, under Sections 420, 467, 471, 120-B IPC and Section 13 of the Prevention of Corruption Act.

It has been stated that the FIR has been registered on the written complaint of Khem Raj. The petitioner is apprehending his arrest in view of the registration of the above case. It has been stated that the petitioner has not committed any offence. The petitioner was posted as Block Development Officer, Ani and while being posted so, an inquiry into alleged bungling of works by the office bearers of the Gram Panchayat, Fanoti was marked to the petitioner, who held a cursory inquiry on the spot and submitted the physical and factual position as it existed on the spot with respect to different development works carried out by the Gram Panchayat under various schemes.

It has been alleged that investigation in the case is complete. The petitioner is ready to join the investigation and furnish bail bonds as directed by this Court. The prayer has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that the case has been registered u/s 156(3) Cr.P.C. in pursuance of order of the learned Judicial Magistrate 1st Class, Ani. The contents of the complaint have been reproduced in status report and petitioner has been named accused No. 7 in the complaint. The allegations in the complaint are that accused No. 1 to 5 have enrolled seven persons as labourers simultaneously in two different muster-rolls for execution of two different works by preparing and fabricating a false record.

The allegations against the petitioner are that he in connivance with the other co-accused has illegally released the amount of all forged bills and muster-rolls without verifying the facts. It has also been submitted that petitioner has also submitted a false report to the Deputy Commissioner, Kullu, on this case has been registered.

In the status report, it has been stated that some accused are yet to be arrested and accused Kumar Singh was arrested on 20.12.2011. The petitioner has ignored the factual position and submitted his report to Sub Divisional Officer (Civil), Ani on 24.8.2009 which on further verification was found to be false. It has been stated that the funds in the development work of Gram Panchayat, Fanoti have been misused in connivance with the petitioner.

The learned Additional Advocate General has submitted that there are in all eleven accused namely Sangat Ram, Man Singh, Narayan Singh, Mamta Devi, Kumar Singh, Vijay Kumari, Devi Ram, Lal Dass, Anant Ram, Tek Singh and Saran Dass. It has been stated that except Kumar Singh and petitioner the other accused have been released on bail by different Courts.

I have considered the submissions made by the learned counsel for the petitioner and learned Additional Advocate General. It has been submitted by the learned counsel for the petitioner that petitioner was asked to make the report regarding the development works after visiting the spot. The petitioner prepared the report as per the factual position and submitted the same. The time given for submission of the report was very short and, therefore, petitioner could prepare the report only after visiting the spot. The petitioner had not sufficient time to verify the position existing on spot with the record. The allegations against the petitioner and other accused are mainly documents based or position existing on the spot.

In the status report, there is no allegation that petitioner is not co-operating in the investigation or his custodial interrogation is required for specific purpose. There is nothing in the status report that some recovery is to be made from the petitioner. The petitioner is in service and is available for investigation. There is no likelihood of his flee from justice. 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. The petitioner is ordered to be released on bail in FIR No. 53 of 2010 dated 26.6.2010 registered at Police Station, Ani, under Sections 420, 467, 471, 120-B IPC and Section 13 of the Prevention of Corruption Act, on his furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of Judicial Magistrate, Ani with the condition that the petitioner shall not overawe or influence the prosecution witnesses nor shall tamper with the prosecution evidence in any manner.

The observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case.