Chhinderpal Singh v. State Of Punjab
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Adumbrated facts of the case are that the petitioner was working as SDO in the PSPCL. On the basis of complaint No.999-PC-1 dated 04.04.2023 submitted by Daljit Singh J.E., Sub Division Bassian, inquiry was conducted and the same along with inquiry report was received from DPO Jagraon. There were allegations of committing fraud by PSPCL Workers Distribution Division under Sub Division with the department. It was alleged that goods worth about 7.30 crores had been withdrawn from Jagraon Store of PSPCL by Engineer Daljit Singh JE posted at Sub Division Bassian. It was further alleged that the PSPCL worker embezzled the public fund wherein Daljit Singh JE, Ajitpal Singh Lineman, Gurwinder Singh C.H.B. worker and Driver (private vehicle) Mustaq Ali were included. The total goods worth 7.30 crores had been
withdrawn by Daljit Singh JE, out of which, 3.84 crores of goods had been withdrawn under GSC category. It was further alleged that from the Office of Engineer Chhinder Pal Singh (AAE) being Incharge of Sub Divisional Office, Bassian, 3.84 crores worth goods under GSC category had been withdrawn in very large quantity. It was alleged that massive loss has been caused to the department by misappropriation of the material worth Rs.6,73,74,650/- and hence, FIR be registered against the officials as alleged in the preliminary inquiry. On the basis of same, the FIR was registered and investigation commenced. Apprehending arrest, the petitioner approached the Court of learned Additional Sessions Judge, Ludhiana praying for grant of anticipatory bail.
However, after hearing both the sides, learned Additional Sessions Judge, Ludhiana declined the same vide her order dated 17.05.2023. Aggrieved by the same, petitioner approached this Court on the earlier occasion by way of filing CRM-M27130-2023. However, after hearing arguments at length, the same was allowed to be dismissed as withdrawn by this Court vide order dated 29.05.2023. Thereafter, the petitioner again approached the Court of learned Additional Sessions Judge, Ludhiana by way of filing the second petition for the grant of anticipatory bail but learned Additional Sessions Judge, Ludhiana again declined the petition filed vide her order dated 05.07.2023. Thus, the petitioner has again approached this Court by way of filing the present petition.
Learned counsel for the petitioner has contended that the petitioner has been falsely implicated in this case. He has contended that the moment petitioner came to know about the misappropriation of the
amount committed by Engineer Daljit Singh, Ajitpal Singh etc., he wrote a letter to the Station Officer of Anti Power Theft, PSPCL. He has further submitted that petitioner was working with Additional Charge of Sub Division, Bassian. He has submitted that the complicity if any was of the co-accused, and the petitioner was not responsible for the alleged embezzlement. He has submitted that as nothing was entrusted to the petitioner, thus, no offence under Section 409/120-B of IPC is made out against him. He submits that the entrustment is admittedly was to Engineer Daljit Singh who had been arrested in this case. He has submitted that no case for the custodial interrogation is made out against the petitioner and thus, he deserves to be granted anticipatory bail.
I have heard counsel for the petitioner and perused the record. Evidently, the present FIR has been lodged on the basis of preliminary inquiry where prima facie complicity of the petitioner was established in this case. The petitioner was working on the post of SDO and had the responsibility pertaining to the goods released to Sub Division, Bassian. He had the responsibility for the goods which were taken by Junior Engineer Daljit Singh. It has been mentioned in the report that the petitioner took no account from JE Daljit Singh as 700 work of SRs and 190 work of gate pass had been presented by SDO Darshan Singh, Bassian which were sent to Sub Store, Jagraon from 01.10.2021 to 21.10.2023 by Daljit Singh JE to Sub Store Jagraon.
In the preliminary inquiry, the statement of the relevant witnesses were recorded and the prima facie complicity of the petitioner and the co-accused were established.
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withdrawn the electric goods worth Rs.5,65,37,355/- from the outlet store of PSPCL, Jagraon and misappropriated the same. As per facts of the case, Daljit Singh JE has been arrested and the investigation is under progress. Needless to say that a massive public amount has allegedly been misappropriated by the petitioner and the co-accused. The investigation is at threshold. Counsel for the petitioner has miserably failed in convincing this Court on the maintainability of the petition as well as on the merits of the case.
Admittedly, the petitioner had already approached this Court by way of CRM-M-27130-2023 but after arguing at length, the same was allowed to be dismissed as withdrawn vide order dated 29.05.2023. Thereafter, he again approached the Court of learned Additional Sessions Judge, Ludhiana but failed in getting the anticipatory bail and thus, again approached this Court by way of present petition. 0 - 0
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( Weighing the facts of the case on the anvil of the law settled, it is apparent that the present FIR has been lodged on the basis of the preliminary inquiry where the complicity of the petitioner has been prima facie found. The investigation is at threshold. Thus, granting anticipatory bail to the petitioner at this stage would scuttle the ongoing investigation.
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