Punjab-Haryana High Court
Bhim Sain vs State Of Punjab on 27 September, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:129763
1
CRM-M-41627-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-41627-2024
Reserved on: 09.09.2024
Pronounced on: 27.09.2024
Bhim Sain ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Bipan Ghai, Sr. Advocate with
Mr. Nikhil Ghai, Advocate and
Mr. P.S. Bindra, Advocate
for the petitioner.
Mr. Jasjit Singh, DAG, Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections 3 22.01.2024 Cheema, District 408, 420, 409, 201 IPC and Sangrur Sections 7, 13(2) of PC (Amendment) Act 2018
1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 439 CrPC, 1973, seeking regular bail.
2. As per paragraph 25 of the bail petition, the accused declares that he has no criminal antecedents.
3. The facts and allegations are being taken from the reply filed by the State, which reads as follows:
"... the brief facts of case FIR no. 3 dated 22.01.2024 u/s 408,409,420,201 IPC (offence u/s 7,13(2) 1988 PC, Act added later on) are that on 22.01.2024, a complaint no. 245 dated 22.01.2024, was received from Branch Manager, the Central Co- operative Bank, Branch Office, Cheema to the SHO, P.S. Cheema for registration of case FIR against Deepinder Singh, Assistant Manager (under suspension) with regard to embezzlement committed by him. The subject matter of said complaint is that Deepinder Singh, Assistant Manager son of Harjiwan Singh resident of Makha Wala Post Office Thunir, Tehsil Jhunir, District Mansa, presently resident of House No. 2. Gali No. 20, Anand Nagar-B, Patiala, who is under suspension since 19.01.2024 vide Head Goya/Office's letter No. 1 1 of 5 ::: Downloaded on - 27-10-2024 00:39:46 ::: Neutral Citation No:=2024:PHHC:129763 2 CRM-M-41627-2024 Establishment/12515-21 dated 19.01.2024. During his posting as Branch Manager in his branch office Cheema, the R.C.C limits which the debtors had got closed and despite issuing Redemption Certificate/NOC to those debtors, used those R.C.C limits at his own level in anunauthorized manner.
From the different saving accounts of customers or from R.C.C limits, the following amounts have been deposited in Joint saving account of Amarpal Singh son of Joginder Singh resident of Cheema and SukhwinderKaur wife of Deepinder Singh (who is wife of Deepinder Singh, Assistant Manager) and account of Sampreet Kaur daughter of Deepinder Singh (who is daughter of Deepinder Singh Assistant Manager), the detail of which is as under-
Sr. No. Account No. Account holder name Amount 1 181234031000788 Gurmail Kaur wife of 50000.00 Chuhar Singh 2 181234031000702 Lawant Singh 50000.00 3 181234031000395 Kela Khan son of Baru 50000.00 Singh 4 181234031000231 Mohinder Kaur 59000.00 5 181234031000062 Jangir Kaur 46000.00 6 181234031000206 Dhankaur 44000.00 7 181234031000379 Jangir Kaur 47000.00 8 181234031000524 Labh Singh 43000.00 9 181234031000462 Ram Singh 43000.00 10 181234031000671 Surjit Kaur 40000.00 11 181234031000681 Bant Kaur 36000.00 12 181234031000685 Shinder Kaur wife of Janta 47000.00 Singh 13 181234031000707 Rajinder Kaur wife of 44000.00 Baljeet Singh 14 181234031000794 Labh Kaur 48000.00 15 181234031001023 Gurmail Singh son of 47000.00 Bhagat Singh 16 181234031100054 Jangir Kaur wife of Bant 47000.00 Singh 17 181234031000244 Dhanna Singh son of Chand 40000.00 Singh Total 1141000.00 2 2 of 5 ::: Downloaded on - 27-10-2024 00:39:47 ::: Neutral Citation No:=2024:PHHC:129763 3 CRM-M-41627-2024 As per above, the total amount of embezzlement comes to Rs. 7313174.93/- . The bank is verifying the bank accounts yet, if any other amount comes to notice, its intimation shall be given to you. Therefore, it is requested to register case FIR against Deepinder Singh Assistant Manager (under suspension), Amarpal Singh son of Joginder Singh Cheema, SukhwinderKaur wife of Deepinder Singh and SampreetKaur (daughter of Deepinder Singh). On perusal of said letter, the prima facie offence u/s 420,408,409 IPC is found to be made out against Deepinder Singh, Amarpal Singh, SampreetKaur and Sukhwinderkaur and accordingly, the present FIR was registered against above said persons."
4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.
5. The State's counsel opposes bail and refers to the reply.
6. It would be appropriate to refer to the following portions of the reply, which read as follows:
"A) ROLE OF PETITIONER BHIM SAIN The present FIR was registered against Deepinder Singh (co- accused of the petitioner on the basis of written complaint filed by Davinder Singh, Manager of the Sangrur Central Cooperative, Bank Branch, Cheema with the allegation that Deepinder Singh, Assistant Manager of the complainant bank, during his posting in the complainant Bank Branch, he has misappropriated in an unauthorized manner the R.C.C. Limits pertaining to the concerned loanees, who already had closed these limits accounts and the NOC also were issued. During investigation it was duly substantiated that the amount of embezzlement committed by both the accused persons in connivance with other co-accused comes toRs. 4,79,34,869.88, out of which an amount of Rs. 51,50,000/- was embezzled by accused BhimSain(now petitioner)during his posting as Branch Manager in his branch office Cheema, the 10 R.C.C limits which the debtors had got closed and despite issuing Redemption Certificate/NOC to those debtors, he used those R.C.C. limits for his personal gain at his own level in unauthorized manner by extended without the permission of competent authority and grabbed the entire amount of RCC Limits including the extended limits. So, a specific role is attributed to the petitioner in the commission of present offence.
B. THE EVIDENCE AGAINST THE PETITIONER. 3 3 of 5 ::: Downloaded on - 27-10-2024 00:39:47 ::: Neutral Citation No:=2024:PHHC:129763 4 CRM-M-41627-2024
There are 111 prosecution witnesses, whose name have been Witnesses under section 161 Cr.P.C. are available on file to prove the guilt of petitioner and his co-accused Deepinder Singh. Additionally there is a detailed inquiry report containing 481 pages and another inquiry containing 508 pages conducted by a committee of Officers of The Sangrur Central Co- operative, Bank Ltd., Sangrur against the petitioner BhimSain and his co-accused Deepinder Singh, produced by Davinder Singh (complainant of the case) have been taken into possession vide memo of presentation."
7. There is sufficient primafacie evidence connecting the petitioner with the alleged crime. However, per paragraph 21 of the bail petition, the petitioner has been in custody since 15-06-2024 and petitioner's total custody in this FIR is more than 03 months. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability further pre-trial incarceration at this stage.
8. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. This order shall come into force from the time it is uploaded on this Court's official webpage.
9. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused.
10. While furnishing a personal bond, the petitioner shall mention the following personal identification details:
1. AADHAR number
2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.
3. Mobile number (If available)
4. E-Mail id (If available)
11. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.
44 of 5 ::: Downloaded on - 27-10-2024 00:39:47 ::: Neutral Citation No:=2024:PHHC:129763 5 CRM-M-41627-2024
12. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.
13. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.
14. Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.
(ANOOP CHITKARA) JUDGE 27.09.2024 anju rani Whether speaking/reasoned: Yes Whether reportable: No. 5 5 of 5 ::: Downloaded on - 27-10-2024 00:39:47 :::