Mahaveer Singh Alias Mahabir Singh v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-27792-2022 (O&M) Date of Decision:- 24.11.2022 Mahaveer Singh @ Mahabir Singh ... Petitioner
Versus
State of Punjab and another ... Respondents
CORAM:
HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Riffi Bala Birla, Advocate for the petitioner. Mr. Luvinder Sofat, DAG, Punjab, assisted by ASI Resham Singh.
Mr. S.P.S.Tinna, Advocate for respondent No. 2/complainant. ***** GURVINDER SINGH GILL, J .
1. The petitioner seeks grant of anticipatory bail in a case registered against him vide FIR No. 60 dated 24.5.2022 under Sections 420, 465, 467, 468, 471, 409 IPC at Police Station Khuian Sarwar, District Fazilka.
2. The FIR was registered on the statement of Rajpal Singh, Assistant Registrar, Cooperative Societies, Abohar wherein it is alleged that Mahavir Singh, former Secretary of 'The Danewala Satkosi Multipurpose Cooperative Agriculture Society Limited, Danewala' had embezzled stocks of the society worth an amount of ` 34,64,390/-.
3. The learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case and is being made a scapegoat after he had retired from service and that while the alleged embezzlement is stated to be in respect of period 1.4.2020 to 11.11.2020, the petitioner had
already retired from service on 30.9.2020. It has further been submitted that no authenticity can be attached to the alleged accounts which have been prepared by the Society without associating him and that since the petitioner, in any case, is willing to associate with all kinds of proceedings, he deserves the concession of anticipatory bail.
4. Opposing the petition, the learned State counsel assisted by counsel for the complainant submitted that it was pursuant to an inquiry and physical verification of accounts conducted by a sub-Committee comprising of three Inspectors of the Cooperative Society that the details of the embezzlement had been pointed out. The learned State counsel has further informed that subsequently a four member Committee was constituted by the Assistant Registrar, Cooperative Societies, Abohar vide letter dated 12.1.2021 which had taken into account the entire record and the stocks and had submitted its detailed report and had reached at a conclusion that the petitioner had embezzled stocks worth `34,64,390/-.
5. This Court has considered rival submissions addressed before this Court and has also perused the report dated 2.2.2021 placed on record by the complainant, which is not disputed by the State counsel. The details of the difference in stocks as well as the stocks which were found absolutely missing have been mentioned as follows :- (1) Shortfall S.
No.
Item Name Stock in the Society as per the Stock Report The stock received by Rajesh Kumar from Secretary Mahavir Singh on 11.11.2020 Short Stock Rate Amount of Short Stock 13:0:45 110.00 11330.00 17:44:0 79.00 2586.00
ACTARA (TAIYO) 500G 580.00 22040.00 COFIDOOR (ISOGHASI) 1160.00 27840.00 DAP 1290 1290.00 423120.00 DAP IFFCO 1200.00 471600.00 HIMWARI 725.00 92800.00 KABUTO 370.00 15170.00 KAGUYA 305.00 305.00 10 KAPER 620.00 5580.00 11 KOMUNGI (NENO) 1200.00 36000.00 12 MOYASHI 1000 GM 940.00 940.00 13 NPK IFFCO 1100.00 30800.00 14 PIKA PIKA 1000 ML 800.00 8800.00 15 POTASH 950.00 100700.00 16 SULFER 215.00 34400.00 17 SUPER 215.00 141040.00 18 UERA NEEM 45 KG 266.00 654892.00 19 UREA NEEM 50 KG 284.00 166140.00 20 URI 1000ML 550.00 6050.00 21 WSF 0.0.50 5KG 385.00 12320.00 22 WSF SOP 0:0:50 1 KG 85.00 13005.00 23 18:18:18 -83 -128 78.00 -9984.00 24 ACTARA TAIYO 1 KG -13 1100.00 -14300.00 25 00:52:34 -14 675.00 -9450.00 TOTAL :
2243824.00 (2) Missing S.
No.
Item Name Stock in the Society as per the Stock Report The stock received by Rajesh Kumar from Secretary Mahavir Singh on 11.11.2020 Short Stock Rate Amount of Short Stock 13:0:45 NEW 6500.00 CATEEL FEED FERTILIZER 17575.00 FEED MIFCO 17400.00 HAMADA 9500.00 HAMDA 250 ML 10600.00 Kribco compost 25071.00 M STAR TOP 2900.00 M-45 -22 -22 -6600.00 NPK 798510.00 10 NPK 1011 22785.00
11 PIKAPIKA 500 ML -8 -8 -3280.00 12 PROFONOF OSS -142 -142 -92300.00 13 SAGRIKA 1215.00 14 SAGRIKA BALTI 1010.00 15 SAGRIKA1000ML 43500.00 16 SATSUMA 1000 GM 12000.00 17 SULFER MIFCO 200 28380.00 18 UREA 300900.00 19 ZINKE 33% 23800.00 TOTAL 1220566.00
6. It has been informed by learned State counsel that the retirement order in respect of the petitioner was infact formally passed on 17.3.2021 vide which he was ordered to be treated as retired w.e.f. 30.9.2020 and that as such, he cannot escape from his liability in respect of shortages pertaining to the period 1.4.2020 to 11.11.2020.
7. In view of the aforestated factual position wherein huge stocks have been found to be deficient and missing, this is certainly a case where custodial interrogation of the petitioner would be required so as to find out as to how the said stocks came to be disposed of and as to who else was involved in the same. No special case for grant of anticipatory bail is made.
8. The petition is sans merit and is hereby dismissed. 24.11.2022 (Gurvinder Singh Gill) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No