Gurinder Singh vs State Of Punjab on 7 March, 2018

CRM-M-25822-2017 -1-


Date of decision:-7.3.2018

Gurinder Singh


State of Punjab


Present: Mr. B.S. Cheema, Advocate
for the petitioner.

Mr.Ramandeep Sandhu, Sr.D.A.G., Punjab.

Mr.A.K. Walia, Advocate
for the complainant.


The instant petition under Section 438 Cr.P.C. for pre-arrest

bail has been filed by petitioner – Gurinder Singh, an accused in FIR

No.58 dated 26.6.2017, under Section 406 IPC, registered with Police

Station Longowal, District Sangrur, Punjab.

Briefly stated, facts of the case as per prosecution story are

that New School Welfare Committee village Duggan had submitted a

written complaint to police against Balwant Singh, President and Gurinder

Singh, Treasurer of the committee alleging therein that the school has

about 9.5 acres of land and income from the land is used for maintenance

and up-keeping of the school; that in the year 2010, School Welfare

Committee was formed with Balwant Singh as President and Gurinder

Singh as Treasurer; that a sum of Rs.5,99,492/- was given to that

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committee besides that the committee used to receive Rs.4,50,000/- per

annum, however, the details/accounts of the expenses were not maintained

and amount collected was not spent for welfare and up-keeping of school.

On receipt of the complaint, the matter was inquired into by SHO of

Police Station Longowal, who got prepared technical report from an

Architect showing deficit of Rs.38/39 lakhs. Therefore, formal FIR for an

offence under Section 406 IPC was registered.

Apprehending his arrest in this case, the petitioner had

approached the Court of Sessions for grant of pre-arrest bail but his such

application was declined by learned Additional Sessions Judge, Sangrur

vide order dated 6.7.2017. Feeling aggrieved, he has approached this

Court for grant of similar relief.

I have heard learned counsel for the petitioner and learned

State counsel besides going through the record.

Learned State counsel on instructions from ASI Gurbax

Singh from Police Station Longowal has made a statement that petitioner

has since joined the investigation. The necessary record has been taken

into possession, therefore, the petitioner is not required by the police for

custodial interrogation.

Though learned counsel for the complainant has opposed the

petition submitting that since a huge scam of more than Rs.38/39 lakhs

involving the petitioner is there as is evident from report of SHO, Police

Station Longowal, petitioner be not granted pre-arrest bail. But at the

same time, it is to be kept in mind that DSP Sunam had conducted an

inquiry into the matter finding the amount to be Rs.1,80,839/-, which has

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since been deposited by the petitioner with the School Welfare

Committee. Therefore, it is a fit case to grant pre-arrest bail to the


Under the circumstances, the interim bail granted to the

petitioner on 20.7.2017 is made absolute, subject to his fulfilling

conditions under Section 438(2) Cr.P.C.

The petition stands allowed accordingly.

7.3.2018 (H.S.MADAAN)

Whether reasoned/speaking : Yes/No

Whether reportable : Yes/No

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