Balraj Singh v. State Of Punjab

CRM-M-56910-2023 2023:PHHC:154793

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-56910-2023 (O&M) Date of order: 05.12.2023 Balraj Singh ... Petitioner(s)

Versus

State of Punjab

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Dr. Rau P.S. Girdhar, Advocate for the petitioner(s).

Mr. Shiva Khurmi, AAG, Punjab.

*** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 26.9.2023 Vigilance Bureau Range Ferozepur, District Ferozepur Sections 13(1)(a) read with Section 13(2) of the Prevention of Corruption Act, as amended by Prevention of Corruption (Amendment) Act, 2018 and 409, 420, 467, 468, 471, 120-B IPC 1.

Apprehending arrest in the FIR captioned above, the petitioner had come up before this Court by filing the present petition on 02.11.2023 under Section 438 CrPC seeking anticipatory bail.

2.

In paragraph 23 of the bail petition, the accused declares that he has no criminal antecedents.

3.

Vide order dated 20.11.2023, this Court had granted interim protection to the petitioner subject to compliance of certain conditions. Further, the interim order was extended on 28.11.2023, which is continuing till today, as the petitioner's counsel had voluntarily offered to declare his assets.

4.

Counsel for the petitioner has furnished the affidavit of the petitioner declaring his assets which has been handed over to the investigator in Court itself. 5.

State's counsel, on instructions from DSP Raj Kumar, stated that the petitioner has joined the investigation.

ASHWANI KUMAR 2023.12.06 12:28 I attest to the accuracy and authenticity of this order/judgment

CRM-M-56910-2023 2023:PHHC:154793 6.

As per the reply dated 25.11.2023 filed by the State by way of affidavit of the concerned DySP, there was a shortfall of 13134 bags of wheat which was entrusted to the petitioner Balraj Singh. In the inquiry, it was found that Hardev Singh, Pawan Kumar and Iqbal Singh, the owners of different trading companies, in connivance with Inspector Suresh Kumar, Incharge Khareed Mandi, Ferozepur, had executed fake purchases for the above-mentioned wheat stock. 7.

Considering the nature of allegations against the petitioner, it is neither a case for his custodial interrogation nor his pre-trial incarceration is required. 8.

Given above, the petition is allowed and interim order dated 20.11.2023 is made absolute. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE December 05, 2023 AK Whether speaking/reasoned :

Yes Whether reportable :

Yes ASHWANI KUMAR 2023.12.06 12:28 I attest to the accuracy and authenticity of this order/judgment