IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Date of decision:-7.3.2018
State of Punjab
CORAM: HON’BLE MR.JUSTICE H.S.MADAAN
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.
H.S. MADAAN, J.
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
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.
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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