Surjit Singh Grewal v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-21055 of 2018 (O&M) Date of Decision: August 29, 2018 Surjit Singh Grewal

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.S.S.Behl, Advocate for the petitioner.

Mr.Gaurav Garg Dhuriwala, Sr. DAG, Punjab for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.20 dated 21.12.2017 under Sections 13 (1)(e) read with Section 13(2) of the Prevention of Corruption Act (Sections 109 and 120-B IPC added later on), registered at Police Station Vigilance Bureau, Patiala Notice of motion was issued. Learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. From the record, I find that FIR in the present case has been registered against the present petitioner for having disproportionate assets,

CRM No.M-21055 of 2018 -2amassing properties (moveable and immoveable) in his name, family members and his relatives at village Kila-Raipur, Samrala, District Ludhiana and village Kotla Badla, District Fatehgarh Sahib. Out of these properties, accused has transferred ownership of about 12 acres of land in the name of his son Jasjit Singh. During check period from 01.04.1999 to 31.12.2014, it has been found that accused-petitioner has made benami properties, as the accused has income of `2,12,92,905/- during that period but he spent `12,19,70,803.05. In the FIR, the allegation is that accused has spent `10,06,77,895.08 more than the source of his known income. Learned State counsel contended that after explaining some of the properties, now the unexplained amount is more than `8 crores. The present petitioner was posted as Senior Superintendent of Police and now retired and the allegations against him are regarding misappropriation and using his official powers during his service as Government Officer for amassing properties.

Learned State counsel has brought to the notice of this Court that so many witnesses have got recorded their statements under Section 164 Cr.P.C. Further, statement of PSO who remained posted with the present petitioner has been brought to the notice of this Court, who has got recorded his statement before the police, wherein, he has stated that present petitioner is putting pressure upon him.

In the present case, challan has been presented and no witness has been examined so far. The case is at preliminary stage. If the petitioner is released on bail, there is every chance of tampering with the evidence as the petitioner had remained SSP in Punjab Police and is an influential person.

CRM No.M-21055 of 2018 -3Keeping in view the facts and circumstances of the present case, nature and gravity of the offence, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I find that no ground is made out for granting regular bail to the petitioner at this stage.

Therefore, finding no merit in the present petition, the same is dismissed at this stage.

However, nothing stated above, shall constitute my opinion on merits of the case.

August 29, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No