Surinder Singh vs State of H.P.

Kuldip Singh, Judge

This judgement shall dispose of Cr.MP(M) 1113, 1114, 1116, 1117, 1118, 1119 and 1128 of 2011 which have been filed by Surinder Singh, Ahalya Devi, Chandlo Devi, Purshotam Lal, Gulshan Kumar, Sanjeev Kumar and Surinder Kumar, respectively, u/s 438 Cr.P.C. for releasing them on bail in FIR No. 276 of 2010 dated 27.12.2010, under sections 420, 409, 468, 471 IPC, registered at Police Station, Dharamshala, District Kangra.

Surinder Singh petitioner in Cr.MP(M) No. 1113 of 2011 was the President, Purshotam Lal petitioner in Cr.MP(M) No. 1117 of 2011 was the Vice-President and other petitioners were the members of Gram Panchayat, Tang Narwana, Tehsil Dharamshala, District Kangra, H.P. It has been stated in the bail applications that petitioners have been falsely implicated in the case. They are innocent, they have nothing to do with the commission of offence. The case has been registered on account of rivalry at the Panchayat level. The petitioners are ready to join the investigation and furnish bail bonds in accordance with the directions of this court. It has been stated that FIR was registered on 27.12.2010, but now the petitioners are apprehending their arrest in the case. The prayer has been made for releasing the petitioners on bail u/s 438 Cr.P.C. The petitioners have filed bail applications before the learned Addl. Sessions Judge, Kangra at Dharamshala, which have been rejected.

The bail applications have been opposed on the basis of status report. It has been stated that FIR has been registered on the basis of order passed by the learned Judicial Magistrate Ist Class, Dharamshala, u/s 156(3) Cr.P.C., which was received at Police Station, Dharamshala on 27.12.2010. It has been stated that it has come in the investigation that during the period 2008-09 in various muster-rolls one person has been shown one day working at two places, the details of such muster-rolls have been given in the status report. It has been stated that during the period 2008-2009 false muster-rolls were prepared by the Panchayat Secretary and Pradhan and thus misappropriated Rs. 23275/-. The persons shown in the muster-rolls are illiterate or semi-illiterate and they have stated that their signatures have been obtained on the muster-rolls on false representations. On a single day, they have worked at one place and they have received the payment of that work only and not of the other work shown on the same day allegedly performed by them. In the status report, it has been stated that handwritings and signatures of Surinder Kumar, Chandlo Devi and Ahalya Devi are yet to be taken and learned Chief Judicial Magistrate has fixed 5.1.2012 for this purpose. The signatures and handwritings of other accused have already been taken. Raj Bahadur, Panchayat Secretary is in custody since 11.11.2011. The prayer has been made for rejection of all the bail applications.

Heard and perused the police file. In the complaint filed before the learned Judicial Magistrate contents of which have been reproduced in the status report, there are several allegations with respect to misappropriation of Panchayat funds. It has been stated in the complaint that matter was brought to the notice of authorities at different levels, but no action has been taken despite adverse audit reports and other reports against the working of concerned authorities of Panchayat. It has been stated that from 30.12.2005 to 20.5.2008, a sum of Rs. 3,32,00,000/- had come to Panchayat and this amount was debited in the account of Panchayat, as per information obtained under RTI. The Panchayat funds have been misappropriated by preparing false record regarding expenditure of grants and funds, but on the spot no work as per specification of the government has been done. The most of the work either has not been done or is lying incomplete on the spot.

The matter was reported by the complainant to BDO, Dharamshala, Panchayat Officer Kangra at Dharamshala, Deputy Commissioner, Kangra at Dharamshala but no action has been taken by those authorities. The matter was also reported to Lokpal Manrega and the Lokpal has also found various irregularities in the works and accounts of the Panchayat. The Project Officer, DRDA has issued a letter to District Panchayat Officer to take necessary action but without any result. The Panchayat Auditor has conducted the audit of the Panchayat from 1.4.2008 to 26.12.2009 and found that embezzlement of account in various funds of the government to the extent of Rs. 6,00,000/-. The Auditor has found preparation of fake muster-rolls.

The spot has also been inspected by the Assistant Engineer, DRDA and found that work for which the amount has been withdrawn by the Panchayat has actually not been done by the Panchayat at the spot and he has submitted his report to B.D.O., Dharamshala, but no action has been taken against the culprits. Most of the cement has been shown purchased from Jai Dugra Cement Store Uthra Gran i.e. Rs. 5,00,000/-, but no such store is existing at village Uthragran. In this way, fake bills in the name of Jai Durga Cement Store have been prepared.

All the aforesaid allegations made in the complaint have not been traversed in the status report. The complainant is pursuing the matter at different levels and the police has come into action only after the learned Judicial Magistrate has directed investigation u/s 156(3) Cr.P.C. The petitioner Surinder Singh in Cr.M.P.(M) No. 1113 of 2011 has stated that irregularities to the extent of Rs. 42,000/- were pointed out and he has deposited the same amount, but in the status report the investigating agency has come out with an irregularity of Rs. 23275/- against the muster-rolls only.

It appears the investigation is going on at tardy pace. The other allegations in the complaint have not yet been verified by the investigating agency. The petitioner in Cr.MP(M) No. 1113 of 2011 was the President of Gram Panchayat Tang Narwana, Tehsil Dharamshala, Distt. Kangra during the period in which the aforesaid irregularities have been alleged. The investigation is still in progress.

It has been submitted by the learned Additional Advocate General that though the FIR was registered on 27.12.2010, but the investigating agency took time for verification of record. The fact remains that there are no serious allegations till now against the petitioners except petitioner Surinder Singh in Cr.MP(M) No. 1113 of 2011. Raj Bahadur Panchayat Secretary has not filed any bail application and he is already in custody. All the petitioners except petitioner Surinder Singh in Cr.MP(M) No. 1113 of 2011, have made out a case for grant of bail in their favour u/s 438 Cr.P.C. However, the petitioner Surinder Singh in Cr.MP(M) No. 1113 of 2011 has failed to make out a case for grant of bail in his favour.

In view of above, Cr.MP(M) No. 1113 of 2011 is dismissed, bail applications i.e. Cr.MP(M) Nos. 1114, 1116, 1117, 1118, 1119 and 1128 of 2011, are allowed and it is directed that in the event of arrest of the petitioners in Cr.MP(M) Nos. 1114, 1116, 1117, 1118, 1119 and 1128 of 2011, they shall be released on bail in FIR No. 276 of 2010 dated 27.12.2010, under sections 420, 409, 468, 471 IPC, registered at Police Station, Dharamshala, District Kangra on their furnishing personal bond in the sum of Rs. 25,000/- each with one surety each of the like amount to the satisfaction of arresting officer with the conditions that petitioners shall continue to join the investigation as and when called by the investigating officer and shall not terrorise, overawe any prosecution witness or 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. All the applications stand disposed of.