Punjab-Haryana High Court
Ravi Kapoor vs The State Of Punjab on 23 December, 2021
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(I) CRM-M-51702-2021 (O&M)
Ravi Kapoor ... Petitioner
Versus
State of Punjab ... Respondent
(II) CRM-M-42847-2021 (O&M)
Harpreet Singh son of Karnail Singh ... Petitioner
Versus
State of Punjab ... Respondent
(III) CRM-M-47109-2021 (O&M)
Yogesh Kumar ... Petitioner
Versus
State of Punjab ... Respondent
(IV) CRM-M-44696-2021 (O&M)
Sukhdeep Singh ... Petitioner
Versus
State of Punjab ... Respondent
(V) CRM-M-44715-2021 (O&M)
Gurmukh Singh ... Petitioner
Versus
State of Punjab ... Respondent
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44715, 44723, 46330, 46462 & 50663 of 2021 (O&M)
(VI) CRM-M-44723-2021 (O&M)
Dalip Kumar ... Petitioner
Versus
State of Punjab ... Respondent
(VII) CRM-M-46330-2021 (O&M)
Parminder Singh ... Petitioner
Versus
State of Punjab ... Respondent
(VIII) CRM-M-46462-2021 (O&M)
Harpreet Singh son of Amrik Singh ... Petitioner
Versus
State of Punjab ... Respondent
(IX) CRM-M-50663-2021 (O&M)
Naveen Kumar ... Petitioner
Versus
State of Punjab ... Respondent
Date of Decision:- 23.12.2021
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Arshdeep Singh Cheema, Advocate,
for the petitioner in CRM-M-51702-2021.
Mr. Guninder Singh Brar, Advocate,
for the petitioner in CRM-M-42847-2021.
Mr. Bhrigu Dutt Sharma, Advocate,
for the petitioner in CRM-M-47109-2021.
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3 CRM-M Nos. 51702, 42847, 47109, 44696,
44715, 44723, 46330, 46462 & 50663 of 2021 (O&M)
Mr. H.S. Sidhu, Advocate for
Mr. Harvinder Singh Maan, Advocate,
for the petitioner in CRM-M-44696-2021.
Mr. Sant Pal Singh Sidhu, Advocate,
for the petitioner in CRM-M-44715-2021.
Mr. Navkiran Singh, Advocate,
for the petitioner in CRM-M-44723-2021.
Mr. Preetinder Singh Ahluwalia, Advocate with
Mr. H.S. Randhawa, Advocate,
for the petitioner(s) in CRM-M-46330-2021 and
in CRM-M-46462-2021.
Mr. Kanwalvir Singh Kang, Advocate,
for the petitioner in CRM-M-50663-2021.
Mr. Ajay Pal Singh Gill, DAG, Punjab and
Mr. Harbir Sandhu, AAG, Punjab,
assisted by SI Swaran Singh.
Mr. Harchand Singh Batth, Advocate for the complainant.
*****
GURVINDER SINGH GILL, J.
1. This order shall dispose off the above mentioned nine petitions filed on behalf of Ravi Kapoor, Harpreet Singh son of Karnail Singh, Yogesh Kumar, Sukhdeep Singh, Gurmukh Singh, Dalip Kumar, Parminder Singh, Harpreet Singh son of Amrik Singh and Naveen Kumar seeking grant of anticipatory bail in a case registered against them vide FIR No.155 dated 1.8.2021 under Sections 406, 409, 381, 419, 420, 465, 467, 468, 471, 201/120-B IPC at Police Station Urban Estate, District Patiala.
2. The FIR in question pertains to misappropriation of funds of Punjabi University, Patiala by several of its employees, students and some outsiders as well. The FIR in question was lodged pursuant to a complaint made by Dr. Vikramjit Kumar Kaushik, Registrar, Punjabi University, Patiala wherein 3 of 17 ::: Downloaded on - 24-12-2021 01:47:04 ::: 4 CRM-M Nos. 51702, 42847, 47109, 44696, 44715, 44723, 46330, 46462 & 50663 of 2021 (O&M) initially only 7 persons were named as accused namely Nishu Chaudhary, Jatinder Singh (Sevadar), Akashdeep Singh, Sonu Kumar, Harpreet Singh, Vinay and Nisha Sharma.
3. It is alleged that it had been brought to the knowledge of Vice-Chancellor, Punjabi University, Patiala that a fraud had been committed regarding salary/scholarship bills in the names of Akashdeep Singh Jabbal, Sonu Kumar, Harpreet Singh(s/o Karnail Singh), Jatinder Singh, Vinay, Nisha Sharma, all relating to Department of Chemistry, Punjabi University, Patiala on the basis of forgery and fabrication and lacs of rupees had been misappropriated. The Vice-Chancellor constituted a Committee comprising of three members headed by the Registrar which conducted inquiry into the matter, during the course of which record was perused and disputed bills were got examined from Handwriting Expert Dr. Inderjit Singh and it was concluded that the disputed signatures on the bills in question were forged and did not match with those of Dr. Baljit Singh, Co-ordinator/Head of UGC-SAP Program of Chemistry Department. It was further found that Nishu Chaudhary and Jatinder Singh prepared forged salary bills of Research Fellows. The Committee found that the bills had been filled in by Nishu Chaudhary and Jatinder Singh who were working together in DPM office and that Jatinder Singh had affixed the forged signatures of Dr. Baljit Singh and that fake rubber stamp had also been affixed on the forged signature of Dr. Baljit Singh on the seven bills which were being examined.
It was found that Smt. Raminder Kaur, Superintendent had also connived with Nishu Chaudhary and Jatinder Singh and had prepared and passed the seven forged salary/scholarship bills of Research Fellows pertaining to 4 of 17 ::: Downloaded on - 24-12-2021 01:47:04 ::: 5 CRM-M Nos. 51702, 42847, 47109, 44696, 44715, 44723, 46330, 46462 & 50663 of 2021 (O&M) period w.e.f. January 2021 to April 2021. It was found that none of the beneficiaries were genuine Research Fellows and that the scheme under which the amounts were being claimed had ended in the year 2019. The Committee concluded that Nishu Chaudhary, Raminder Kaur and Jatinder Singh, Peon had stolen/misplaced/destroyed establishment checking records pertaining to the years 2019-2020, 2020-2021 and 2021-2022 so as to avoid detection. Nishu Chaudhary is also alleged to have made changes in the utilization certificates of UGC-CAS (Physics).
4. After lodging of the FIR on 1.8.2021 on the basis of complaint made by the Registrar, Punjabi University, Patiala on 15.7.2021, the Registrar on the basis of further inquiries made by the Committee, furnished information including account details regarding involvement of more accused vide letter no. 1084/R dated 8.10.2021 wherein Sukhdeep Singh, Parminder Singh, Dalip Kumar, Naveen Kumar, Harpreet Singh(son of Amrik Singh), Yogesh Kumar, Narinder, Lovepreet and Gurmukh Singh were also stated to be the beneficiaries of the misappropriated amount.
5. The allegations in respect of each of the petitioners may be noticed briefly in the following manner :-
1. Ravi Kapoor [CRM-M-51702-2021]
1. Posting He is not posted in Punjabi University but is related to Nishu Chaudhary, being his brother- in-law (Jija).
2. Whether named in the No FIR?
3. If not named in the Nominated on the basis of disclosure statement FIR, then how has the of co-accused Jatinder Singh.
petitioner been nominated?
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4. Whether beneficiary? Yes. An amount of ` 19,98,200/- stated to be If so, to what extent?
transferred from the University UGC and Non- UGC accounts to the bank account of petitioner in A/c No. 55141881998 of State Bank of India, as per account statement (Annexure R-9).
5. Whether petitioner NIL has deposited back any amount?
6. Explanation That the money had been deposited in his furnished by account by Nishu Chaudhary who is related to petitioner for transfer of ` 19,98,200/- in him being his wife's real brother. his account.
2. Harpreet Singh s/o Karnail Singh [CRM-M-42847-2021]
1. Posting Joined as Research Scholar in the year 2015. He had passed out in 2017 after obtaining degree of M.Phil (Physical Education) and had been receiving S.C. Scholarship while studying. In the year 2017, he had joined Ph.d. and is presently working as Physical Education Teacher at Amritsar on contractual basis.
2. Whether named in the Yes FIR?
3. Whether beneficiary? Yes. Initially, the allegations against the If so, to what extent?
petitioner were to the effect that he had benefited to the tune of ` 17 lacs but now upon further inquiries, it is alleged that he had benefited to the tune of ` 80,38,246/- . The said amount of `80,38,246/- is stated to have been transferred from University funds i.e. UGC and Non-UGC accounts to the bank accounts of petitioner in A/c Nos. 65120036991 and 2025372653 of State Bank of India as well as Account No.2918101005115 of Canara Bank, as 6 of 17 ::: Downloaded on - 24-12-2021 01:47:04 ::: 7 CRM-M Nos. 51702, 42847, 47109, 44696, 44715, 44723, 46330, 46462 & 50663 of 2021 (O&M) per account statement (Annexure R-10).
5. Whether petitioner ` 3 lacs deposited, pursuant to directions issued has deposited any amount? by this Court on 8.10.2021.
6. Explanation That he had earlier been studying in Punjabi furnished by University and had been getting scholarship and petitioner for transfer of ` 80,38,246/- in that the account in question had been opened by his account. him at Bahadurgarh at the time when he was pursuing M.Phil from Punjabi University but he did not have any knowledge about the amounts credited in his account subsequently.
3. Yogesh Kumar [CRM-M-47109-2021]
1. Posting Posted as Clerk in RTI Cell of Punjabi University initially on contractual basis and later on ad hoc basis.
2. Whether named in the No FIR?
3. If not named in the Nominated on the basis of letter dated 8.10.2021 FIR, then how has the sent by the Registrar, Punjabi University, Patiala petitioner been nominated? wherein upon further inquiries, the University Authorities had come to know about the names of some more beneficiaries and also on the basis of disclosure statement of co-accused.
4. Whether beneficiary? Yes. An amount of ` 86,32,873/- is alleged to If so, to what extent?
have been transferred from the University UGC and Non-UGC accounts to the bank account of petitioner i.e. A/c No. 6502472443 in State Bank of India, as per account statement (Annexure R-1).
5. Whether petitioner NIL has deposited any amount?
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6. Explanation That Nishu Chaudhary had represented to him furnished by that he has taken contracts in Himachal petitioner for transfer of ` 86,32,873/-in Pradesh and requested the petitioner to allow his account. him (Nishu Chaudhary) to get some amounts credited in petitioner's account while giving him an allurement that he will get the services of the petitioner regularized.
4. Sukhdeep Singh [CRM-M-44696-2021]
1. Posting Posted as Senior Clerk in Establishment Branch, Punjabi University.
2. Whether named in the No FIR?
3. If not named in the Nominated on the basis of letter dated 8.10.2021 FIR, then how has the sent by the Registrar, Punjabi University, Patiala petitioner been nominated? wherein upon further inquiries, the University Authorities had come to know about the names of some more beneficiaries and also on the basis of disclosure statement of co-accused.
4. Whether beneficiary? Yes. An amount of ` 2,11,800/- is alleged to If so, to what extent?
have been transferred from the University UGC and Non-UGC accounts to the bank account of petitioner i.e. A/c No. 55154787355 in State Bank of India, as per account statement (Annexure R-8).
5. Whether petitioner NIL has deposited any amount?
6. Explanation That the amount in question had been lent to furnished by him by Nishu Chaudhary as friendly loan which petitioner for transfer of ` 2,11,800/- in he had returned back. his account.
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5. Gurmukh Singh [CRM-M-44715-2021]
1. Posting Posted as Senior Assistant in SCBC Cell, Punjabi University.
2. Whether named in the No FIR?
3. If not named in the Nominated on the basis of letter dated 8.10.2021 FIR, then how has the sent by the Registrar, Punjabi University, Patiala petitioner been nominated? wherein upon further inquiries, the University Authorities had come to know about the names of some more beneficiaries and also on the basis of disclosure statement of co-accused.
4. Whether beneficiary? Yes. An amount of ` 5,91,000/- is alleged to If so, to what extent?
have been transferred from the University UGC and Non-UGC accounts to the bank account of petitioner in A/c No. 55081552095 of State Bank of India, as per account statement (Annexure R-2).
5. Whether petitioner Pursuant to an offer made by the petitioner in the has deposited any Court at the time of issuance of Notice of amount?
motion on 27.10.2021, he was directed to deposit an amount of ` 5 lacs before trial Court which he has deposited.
6. Explanation That Nishu Chaudhary had represented to him furnished by that he is having some issues as regards his petitioner for transfer of ` 5,91,000/- in his Income Tax and requested the petitioner to allow account. Nishu Chaudhary to deposit some amount in petitioner's account and that he would take back the same later.
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6. Dalip Kumar [CRM-M-44723-2021]
1. Posting Posted as Senior Assistant in the office of Dean (Academic Affairs)
2. Whether named in the No FIR?
3. If not named in the Nominated on the basis of letter dated 8.10.2021 FIR, then how has the sent by the Registrar, Punjabi University, Patiala petitioner been nominated? wherein upon further inquiries, the University Authorities had come to know about the names of some more beneficiaries and also on the basis of disclosure statement of co-accused.
4. Whether beneficiary? Yes. An amount of ` 2,10,000/- is alleged to If so, to what extent?
have been transferred from the University Non- UGC account to the bank account of petitioner i.e. A/c No. 55140271461 in State Bank of India, as per account statement (Annexure R-4).
5. Whether petitioner Pursuant to an offer made by the petitioner in the has deposited any Court at the time of issuance of Notice of amount?
motion on 27.10.2021, he was directed to deposit an amount of ` 2 lacs before trial Court which he has deposited.
6. Explanation That he knew Nishu Chaudhary as a colleague furnished for transfer and that when he (petitioner) was constructing a of ` 2,10,000/- in his account. house, he had casually discussed with Nishu Chaudhary regarding requirement of an amount of `1,50,000/- and that Nishu Chaudhary had offered to help him and that on the very next day an amount of `2,10,000/- was deposited in his bank account and that when the petitioner asked Nishu Chaudhary about deposit of an excess 10 of 17 ::: Downloaded on - 24-12-2021 01:47:04 ::: 11 CRM-M Nos. 51702, 42847, 47109, 44696, 44715, 44723, 46330, 46462 & 50663 of 2021 (O&M) amount of `60,000/- he replied that the excess amount be withdrawn and be returned to him.
7. Parminder Singh [CRM-M-46330-2021]
1. Posting Posted as Senior Assistant in Legal Cell, Punjabi University.
2. Whether named in the No FIR?
3. If not named in the Nominated on the basis of letter dated 8.10.2021 FIR, then how has the sent by the Registrar, Punjabi University, Patiala petitioner been nominated? wherein upon further inquiries, the University Authorities had come to know about the names of some more beneficiaries and also on the basis of disclosure statement of co-accused.
4. Whether beneficiary? Yes. An amount of ` 15,87,800/- is alleged to If so, to what extent?
have been transferred from the University UGC and Non-UGC accounts to the bank account of petitioner i.e. A/c No. 5581479125 in State Bank of India, as per account statement (Annexure R-7).
5. Whether petitioner Pursuant to an offer made by the petitioner in the has deposited any Court at the time of issuance of Notice of amount?
motion on 3.11.2021, he was directed to deposit an amount of ` 15 lacs before trial Court which he has deposited.
6. Explanation That Nishu Chaudhary represented to him that furnished for transfer he was away and requested him (petitioner) to of ` 15,87,800/- in his account. allow him to get some payments credited in petitioner's account and that he would take back the same later.
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8. Harpreet Singh s/o Amrik Singh [CRM-M-46462-2021]
1. Posting Posted as System Analyst in Department of Chemistry, Punjabi University.
2. Whether named in the No FIR?
3. If not named in the Nominated on the basis of letter dated 8.10.2021 FIR, then how has the sent by the Registrar, Punjabi University, Patiala petitioner been nominated? wherein upon further inquiries, the University Authorities had come to know about the names of some more beneficiries and also on the basis of disclosure statement of co-accused.
4. Whether beneficiary? Yes. An amount of ` 11,48,000/- is alleged to If so, to what extent have been transferred from the University UGC account to the bank account of petitioner i.e. A/c No. 65006752010 in State Bank of India, as per account statement (Annexure R-5).
5. Whether petitioner Pursuant to an offer made by the petitioner in the has deposited any Court at the time of issuance of Notice of amount?
motion on 3.11.2021, he was directed to deposit an amount of ` 11 lacs before trial Court which he has deposited.
6. Explanation That the amount was advanced to petitioner as furnished for transfer loan by Nishu Chaudhary so as to enable the of ` 11,48,000/- in his account. petitioner to purchase a plot.
9. Naveen Kumar [CRM-M-50663-2021]
1. Posting Posted as Clerk on contractual basis in the office of Dean (Academic Affairs)
2. Whether named in the No FIR?
3. If not named in the Nominated on the basis of letter dated 8.10.2021 FIR, then how has the sent by the Registrar, Punjabi University, Patiala 12 of 17 ::: Downloaded on - 24-12-2021 01:47:04 ::: 13 CRM-M Nos. 51702, 42847, 47109, 44696, 44715, 44723, 46330, 46462 & 50663 of 2021 (O&M) petitioner been wherein upon further inquiries, the University nominated?
Authorities had come to know about the names of some more beneficiaries and also on the basis of disclosure statement of co-accused.
4. Whether beneficiary? Yes. An amount of ` 3,05,000/- is alleged to If so, to what extent?
have been transferred from the University account to the bank account of petitioner i.e. A/c No. 55140144477 in State Bank of India, as per account statement (Annexure R-6).
5. Whether petitioner Pursuant to an offer made by the petitioner in the has deposited any Court at the time of issuance of Notice of amount?
motion on 3.12.2021, he was directed to deposit an amount of ` 3.60 lacs before trial Court which he has deposited.
6. Explanation That one Nishu Chaudhary, working in the furnished for transfer University had been extending loan to various of ` 3,05,000/- in his account. staff members of the Punjabi University and that the petitioner had also taken loan from said Nishu Chaudhary, which was in the nature of a friendly loan.
6. It is, thus, the case of prosecution that Nishu Chaudhary, Jatinder Singh in connivance with other officials had prepared forged and fabricated bills and had got released huge amounts as scholarships and got them credited in the accounts of their known persons and from whom they subsequently used to get back some amount in cash.
7. The learned counsel for the petitioners have submitted that they all have suffered at the hands of their colleague Nishu Chaudhary who on the basis of 13 of 17 ::: Downloaded on - 24-12-2021 01:47:04 ::: 14 CRM-M Nos. 51702, 42847, 47109, 44696, 44715, 44723, 46330, 46462 & 50663 of 2021 (O&M) false representation had talked them into allowing him to get amounts deposited in their accounts and that Nishu Chaudhary used to ask them to withdraw the said amounts in cash and to give it to him. It has also been submitted that in case of some of the petitioners, who are low-paid employees of the University, he had extended loans which the innocent gullible employees had taken and in some cases had also returned back the same to Nishu Chaudhary. It has been submitted that the petitioners namely Gurmukh Singh, Dalip Kumar, Parminder Singh, Harpreet Singh son of Amrik Singh and Naveen Kumar in order to establish their bonafides had themselves offered to deposit the amounts allegedly credited in their accounts and that as per directions issued pursuant to their offers, the same stand deposited before the trial Court.
8. The learned counsel representing Harpreet Singh son of Karnail Singh has submitted that even if the allegations of the prosecution pertaining to deposit of huge amount in his bank account are taken to be correct, still it cannot be established that the same were within his knowledge and that the co-accused Nishu Chaudhary might have been misusing his account.
9. The learned State counsel in reply to aforesaid contention has, however, pointed out that apart from the fact that there have been huge deposits to the tune of more than `18 lacs in his account, the amounts in question had been deposited regularly in quick succession and in these circumstances the petitioner cannot feign ignorance about such frequent deposits inasmuch as apart from the notifications which banks normally send through SMS on mobile phone, the petitioner must have got his passbook updated on some occasion and would have come to know about the deposits.
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10. The learned counsel representing Ravi Kapoor has submitted that he has been roped in the case simply to pressurize Nishu Chaudhary who happens to be brother-in-law of the petitioner. The learned counsel has further submitted that the petitioner, in any case, is willing to deposit the amount allegedly deposited in his account.
11. Opposing the aforesaid contention on behalf of Ravi Kapoor, the learned State counsel has submitted that the petitioner cannot claim any immunity on the ground that he happens to be brother-in-law of Nishu Chaudhary and that he could have deposited some amount in his account inasmuch as the amounts in question had not been deposited from the personal account of Nishu Chaudhary but from the bank account of the Punjabi University. It has further been submitted that the petitioner has been receiving the amounts in his account from 2016 to 2018 for which he has not furnished any justifiable explanation.
12. All the counsel have submitted that there are no allegations of cheating or forgery against them and that since all of them other than Ravi Kapoor and Harpreet Singh son of Karnail Singh are employed in government service, they cannot flee from justice and as such concession of anticipatory bail can safely be extended to them. It has also been submitted that the case of the prosecution is mainly based on documentary evidence and since in majority of the cases petitioners have also deposited the amount allegedly embezzled and have joined investigation, there is no occasion for custodial interrogation and that petitioners deserve to be granted anticipatory bail.
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13. The learned State counsel, on the other hand, has submitted that it is a case where a colossal amount had been siphoned off from the coffers of University on the basis of forgery and fabrication and that to know about exact extent and volume of the misappropriation/embezzlement and to know as to who all are involved in the same, custodial interrogation of the petitioners are absolutely necessary as they have not been fully cooperating with the investigation. The learned State counsel while referring to Para 5 of its reply has pointed out that the amounts deposited in the accounts of the accused have been debited to the official bank accounts of the University, which is clearly reflected from bank account statements of accused. The details of accounts from which amounts have been debited is as follows :-
Sr. No. Name of Account Account Number
1. UGC 55081436884
2. Non-UGC 55081437129
3. Special Endowment 55081436034
4. U.G.C. Resource Moblisation 65005896188
14. I have considered rival submissions addressed before this Court.
15. All the petitioners except Ravi Kapoor and Harpreet Singh son of Karnail Singh are employees of Punjabi University. While Harpreet Singh son of Karnail Singh was previously studying in the University and is presently working as Physical Education teacher at Amritsar on contractual basis, Ravi Kapoor is related to the main accused Nishu Chaudhary being his 'Jija' (sister's husband). The explanations put forth by petitioners that amounts in 16 of 17 ::: Downloaded on - 24-12-2021 01:47:04 ::: 17 CRM-M Nos. 51702, 42847, 47109, 44696, 44715, 44723, 46330, 46462 & 50663 of 2021 (O&M) question had been advanced as friendly loans or that they upon request of main accused namely Nishu Chaudhary, they permitted him to use their accounts is not plausible as no prudent man would either advance huge loans to various persons without any documentation and nor any prudent man who is in government service would allow anybody else to effect transactions of huge amount in his bank account inviting problems for himself, particularly qua tax liability. There is documentary evidence against all the accused as regards they having benefited of huge amounts ranging from ` 2 lacs to ` 90 lacs which stands substantiated from the bank account statements which have been collected by the Investigating agency. In order to know about the exact extent of misappropriation/embezzlement and the manner in which the same was committed, the custodial interrogation of the petitioners would certainly be required. And one cannot lose sight of the fact that the amount misappropriated is the amount which was to be used for extending benefits to the needy and deserving students as scholarships including benefits to the scheduled castes and scheduled communities who all stands deprived of the huge amount which could have been used for their betterment and benefit.
In these circumstances, this Court does not find any special case for grant of anticipatory bail.
16. The petitions are sans merit and are hereby dismissed.
23.12.2021 (Gurvinder Singh Gill)
kamal Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
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