Shiv Preet Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: 02.07.2026 Shiv Preet Singh ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Present:

Mr. Sukhdev Singh Khokher, Advocate for the petitioner.

Mr. Vinay Malhotra, DAG Punjab **** SANJAY VASHISTH, J. (ORAL) 1.

Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of in FIR No.37 dated 09.08.2024, registered under Sections 409, 120-B IPC (corresponding Section 316(5), 61(2) BNS 2023) and Section 13(1)(a) read with 13(2) of Prevention of corruption Act, 1988 as amended by the PC (Amendment) Act, 2018, at Police Station Vigilance Bureau, Patiala Range, Patiala.

2.

Status report by way of an affidavit of Sh. Navdeep Singh, PPS, Deputy Superintendent of Police, Vigilance Bureau, Unit Fatehgarh Sahib on behalf of the respondent-State has been filed in the Court today. The same is taken on record.

3.

Complaint No. 118/2022 was enquired by SHO, Police Station Vigilance Bureau Range, Patiala and on receipt of the report alongwith documents vide letter dated 10.06.2022 issued by District Development and Panchayat Officer, Fatehgarh Sahib and statement of HDFC Bank Account No. 50100450843912, pertaining to BDPO, Amloh and the statement of accounts of certain private firms, it was found that Kulwinder Singh Randhawa, BDPO, Amloh by his own hand writing issued Rs. 12,78,300/- to Amloh Enterprises, Amloh, Rs. 3,00,000/- to Golden Era Group, Nabha, belonging to the petitioner, Rs. 15,00,000/- to Rajat Enterprises, Nabha and Rs. 9,00,000/- into the PNB account of Hanspal Singh and, thus, has misappropriated Rs. 39,78,300/- of government grant and by withdrawing excess amount of Rs. 1,06,875/- from Gram Panchayat Funds, the total embezzled amount is found to be Rs. 40,85,175/-. On the aforementioned set of allegations, FIR in question was registered against the petitioner and four other co-accused. 4.

Learned counsel for the petitioner argues that petitioner is proprietor of Golden Era Group, Nabha, and is in the working of installing of the open gym equipments and for the said contract, an amount of Rs. 3,00,000/- was paid to him by transferring it in the firm account after issuance of Work Completion Certificate by the Sarpanch of the Village, regarding installation of the gym equipments. Thus, broadly argued that actual fault is in the manner of releasing of funds by the BDPO and for the said irregularity everyone in whose account the amount has been transferred can not be held criminally liable, thus, prays for grant of bail. 5.

On the other hand learned State counsel submits that huge loss has been caused by the BDPO to the extent of Rs. 40,85,175/- by releasing the amount

directly to the transferees' bank account. The petitioner is one of the beneficiary, therefore, is not entitled for any concessional relief. 6.

I have considered the submissions addressed by respective counsel for the parties.

7.

Work completion certificate has been issued by Sarpanch Joga Singh describing therein that M/s Golden Era Group of Companies has installed 8 piece (Gym 8 Sint) in the park of Gram Panchayat Village Bhadaldhuha Block Amloh, (District Fatehgarh Sahib). Sarpanch, who issued the certificate is not the accused in the present case. Petitioner's liability is alleged to be only of Rs. 3,00,000, for which open gym equipments have been installed by his Company. Petitioner is not denying any of the factual contention, except of irregularities, if any committed by BDPO, Amloh.

8.

In view of the aforementioned discussion, this Court do not find any substantial reason for subjecting the petitioner for custodial interrogation. 9.

Accordingly, petitioner is directed to join the investigation within two weeks from today, or as and when called by the investigating agency, and in the eventuality of the arrest, petitioner would be released on anticipatory bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 10.

Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time during trial, petitioners would seek prior permission of the Court.

11.

However, it is clarified that if the petitioner fails to join and cooperate with the investigation, in terms of directions mentioned in the present order, it shall be open for the Investigating Officer to proceed immediately to arrest the petitioner, in accordance with law.

12.

With the directions issued here above, present petition stands disposed of.

(SANJAY VASHISTH) 02.07.2026 JUDGE reena Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO