Ram Kumar @ Ram Kanwar v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-10.1.2022 Ram Kumar @ Ram Kanwar ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Pawan Kumar Hooda, Advocate for the petitioner. Ms. Sheenu Sura, DAG, Haryana, assisted by ASI Jitender.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.264 dated 10.9.2020, Police Station Sector 13/17 Panipat, District Panipat under Sections 420, 467, 468, 471 and 120-B of Indian Penal Code.

2.

The FIR was lodged at the instance of Balwan Singh, Enforcement Officer, Employees' Provident Fund Organization, Panipat, wherein it has been alleged that several amounts had been credited on the basis of forged documents. The specific allegation against the petitioner is that an amount of Rs.2,815/ had been credited in his bank account on 4.10.2014.

( 2 ) 3.

Learned counsel for the petitioner has submitted that the petitioner is an ExServiceman and had been working as a Security Guard with 'M/s P.K. P.P. Security' where he remained in service w.e.f. the year 2010 to 2012, whereas the alleged amount of Rs.2,815/- was credited in his account in December 2014. It has further been submitted that when the said deposit of Rs.2,815/- was brought to his notice by the officials concerned, he immediately deposited back the said amount alongwith interest i.e. a total of Rs.4,372/-. It has further been submitted that apart from the single transaction of Rs.2,815/-, there is no other transaction in his bank account and that he has not benefited in any manner.

4.

Opposing the petition, learned State counsel has submitted that it is a big scam, wherein huge amounts have been siphoned off from the account of Employees' Provident Fund Organization and have been credited in the bank accounts of unscrupulous elements on the basis of forged and fabricated documents and that even the amount credited in the bank account of the petitioner had been credited by such dubious means. Learned State counsel has, however, informed that the petitioner is not involved in any other case. 5.

I have considered rival submissions addressed before this Court. 6.

Having regard to the facts and circumstances of the case and particularly the fact that it is a single transaction of Rs.2,815/-, which is stated to have been effected in the bank account of the petitioner on the basis of forged documents and that the said amount has already been deposited back by the petitioner alongwith interest and also that the petitioner, who is an ExServiceman otherwise has a clean record, the petition is accepted and the petitioner, in the event of arrest, be released on bail subject to his furnishing

( 3 ) personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C. 10.1.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No