IN THE HIGH COURT OF PUNJAB & HARYANA 209 RANBIR SINGH STATE OF PUNJAB CORAM: Present: MANJARI NEHRU KAUL, J. 1. of the Bharatiya Nyaya Sanhita petitioner in case FIR No. 13(1)A read with Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 409, 465, 467, 468, 471 and 120 1860, registered at Police Station 2. contends that with the Municipal Corporation (MC), Ludhiana, has been falsely implicated in the present FIR, annexed as Annexure P alleged wrongful procurement of a sum of Rs.3,16,58,000/ temporary advance from the Contingency Fund of Corporation, purportedly under the pretext of making payments to PSPCL. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM- Date of decision: RANBIR SINGH Versus PUNJAB HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. S.K. Garg Narwana, Sr. Advocate with Mr. Tarunveer Vashisht, Advocate Mr. Nitin Sachdeva, Advocate and Mr. Mukul Ahuja, Advocate for the petitioner. Mr. Amit Rana, Sr. DAG, Punjab with ASI Gulsher Singh. MANJARI NEHRU KAUL, J. The instant petition is the third Bharatiya Nyaya Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No.32 dated 14.10.2024 13(1)A read with Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 409, 465, 467, 468, 471 and 120 registered at Police Station Vigilance Bureau Learned Senior counsel appearing on behalf of contends that the petitioner, who was serving as Executive Engineer (XEN) Municipal Corporation (MC), Ludhiana, has been falsely implicated resent FIR, annexed as Annexure P-1. alleged wrongful procurement of a sum of Rs.3,16,58,000/ temporary advance from the Contingency Fund of Corporation, purportedly under the pretext of making payments to PSPCL. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH -M-10849-2025 Date of decision: July 01, 2025 .....Petitioner .....Respondent HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. S.K. Garg Narwana, Sr. Advocate with Mr. Tarunveer Vashisht, Advocate Mr. Nitin Sachdeva, Advocate and r. Amit Rana, Sr. DAG, Punjab petition filed under Section 483 for grant of regular bail to the 14.10.2024 (Annexure P-1) under Section 13(1)A read with Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 409, 465, 467, 468, 471 and 120-B of the Indian Penal Code, Vigilance Bureau, District Ludhiana. appearing on behalf of the petitioner the petitioner, who was serving as Executive Engineer (XEN) Municipal Corporation (MC), Ludhiana, has been falsely implicated 1. The allegations pertain to the alleged wrongful procurement of a sum of Rs.3,16,58,000/- by way of temporary advance from the Contingency Fund of the Municipal Corporation, purportedly under the pretext of making payments to PSPCL. Petitioner .....Respondent 483 for grant of regular bail to the 1) under Section 13(1)A read with Section 13(2) of the Prevention of Corruption Act, 1988 Penal Code, the petitioner the petitioner, who was serving as Executive Engineer (XEN) Municipal Corporation (MC), Ludhiana, has been falsely implicated The allegations pertain to the by way of the Municipal Corporation, purportedly under the pretext of making payments to PSPCL. Jaspreet Kaur 2025.07.02 09:47 I attest to the accuracy and integrity of this document Chandigarh CRM-M-10849 However, it is nor diverted for any personal gain by the petitioner. 3. P-2, learned Senior counsel submits that the allegations lack the petitioner had obtained necessary approvals from the Commissioner of the Municipal Corporation before withdrawing the amount in question. Moreover, out of the total advance of Rs.3,16,58,000/ of Rs.3,12,23,729/ the Municipal Corporation. 4. the petitioner has been in custody since 14.10.2024. Although the challan was presented in February 2025, charges have likelihood of the trial concluding in the near future remains remote as the requisite sanction for prosecution is still awaited. the fact that co similar footing, have already been granted the concession of anticipatory bail by this Court and the Hon’ble Supreme Court. for grant of regular bail to the petitioner. 5. prayer and submissions made by the counsel opposite allegations levelled against the petitioner and argued that the petitioner, in connivance with co Contingency Fund of the Municipal Cor 10849-2025 However, it is submitted that the said amount was neither misappropriated nor diverted for any personal gain by the petitioner. Drawing the attention of this Court to the contents of Annexure 2, learned Senior counsel submits that the allegations lack the petitioner had obtained necessary approvals from the Commissioner of the Municipal Corporation before withdrawing the amount in question. Moreover, out of the total advance of Rs.3,16,58,000/ of Rs.3,12,23,729/- has already been deposited back into the bank account of the Municipal Corporation. It has been further submitted by the learned Senior counsel that the petitioner has been in custody since 14.10.2024. Although the challan was presented in February 2025, charges have likelihood of the trial concluding in the near future remains remote as the requisite sanction for prosecution is still awaited. the fact that co-accused Pankaj Garg and Rajinder Singh, who stand on ar footing, have already been granted the concession of anticipatory bail by this Court and the Hon’ble Supreme Court. for grant of regular bail to the petitioner. Per contra, learned State counsel prayer and submissions made by the counsel opposite allegations levelled against the petitioner and argued that the petitioner, in connivance with co-accused, obtained Rs.3,16,58,000/ Contingency Fund of the Municipal Cor -2- submitted that the said amount was neither misappropriated nor diverted for any personal gain by the petitioner. Drawing the attention of this Court to the contents of Annexure 2, learned Senior counsel submits that the allegations lack substance, as the petitioner had obtained necessary approvals from the Commissioner of the Municipal Corporation before withdrawing the amount in question. Moreover, out of the total advance of Rs.3,16,58,000/-, a substantial amount deposited back into the bank account of It has been further submitted by the learned Senior counsel that the petitioner has been in custody since 14.10.2024. Although the challan was presented in February 2025, charges have not yet been framed. The likelihood of the trial concluding in the near future remains remote as the requisite sanction for prosecution is still awaited. Attention is also drawn to accused Pankaj Garg and Rajinder Singh, who stand on ar footing, have already been granted the concession of anticipatory bail by this Court and the Hon’ble Supreme Court. Accordingly, a prayer is made , learned State counsel has vehemently opposed the prayer and submissions made by the counsel opposite, and reiterated the allegations levelled against the petitioner and argued that the petitioner, in accused, obtained Rs.3,16,58,000/- from the Contingency Fund of the Municipal Corporation. However, upon submitted that the said amount was neither misappropriated Drawing the attention of this Court to the contents of Annexure substance, as the petitioner had obtained necessary approvals from the Commissioner of the Municipal Corporation before withdrawing the amount in question. , a substantial amount deposited back into the bank account of It has been further submitted by the learned Senior counsel that the petitioner has been in custody since 14.10.2024. Although the challan not yet been framed. The likelihood of the trial concluding in the near future remains remote as the Attention is also drawn to accused Pankaj Garg and Rajinder Singh, who stand on ar footing, have already been granted the concession of anticipatory bail Accordingly, a prayer is made the and reiterated the allegations levelled against the petitioner and argued that the petitioner, in from the poration. However, upon Jaspreet Kaur 2025.07.02 09:47 I attest to the accuracy and integrity of this document Chandigarh CRM-M-10849 instructions, learned of Rs.4,34,692/ duly deposited back with the Municipal Corporation. on further instructions, does not dispute the custody period of the petitioner, nor the stage of trial. Furthermore, he has not denied, on instructions, that the similarly situated co 6. relevant material placed on record. 7. Corporation, Ludhiana during the period 2021 withdrawn a temporary adva Fund. However, the said withdrawal was purportedly made after obtaining due approval from the Commissioner of the Municipal Corporation amount except Rs.4,34,692/ account of the Corporation. 8. evidence, and given that the petitioner has been in custody since 14.10.2024, with the challan presented in February 2025, but charges yet to be framed, in view of the sanction being adjourned by the learned trial Court on as many as 11 dates, the possibility of the trial concluding in the near future seems remote. 9. that co-accused Pankaj Garg and Rajinder Singh have already been granted 10849-2025 instructions, learned State counsel is unable to dispute that of Rs.4,34,692/- remains to be accounted for, while the remainder had been duly deposited back with the Municipal Corporation. on further instructions, does not dispute the custody period of the petitioner, nor the stage of trial. Furthermore, he has not denied, on instructions, that the similarly situated co-accused have already been enlarged on bail. I have heard learned counsel for the parties and perused the relevant material placed on record. The petitioner, while being posted as XEN with the Municipal Corporation, Ludhiana during the period 2021 withdrawn a temporary advance of Rs.3,16,58,000/ Fund. However, the said withdrawal was purportedly made after obtaining due approval from the Commissioner of the Municipal Corporation amount except Rs.4,34,692/- has already been deposited back into t account of the Corporation. Considering that the case is primarily based on documentary evidence, and given that the petitioner has been in custody since 14.10.2024, with the challan presented in February 2025, but charges yet to be framed, in view of the sanction having not been accorded till date, despite the case being adjourned by the learned trial Court on as many as 11 dates, the possibility of the trial concluding in the near future seems remote. In view of these circumstances, and t accused Pankaj Garg and Rajinder Singh have already been granted -3- State counsel is unable to dispute that only an amount remains to be accounted for, while the remainder had been duly deposited back with the Municipal Corporation. Learned State counsel, on further instructions, does not dispute the custody period of the petitioner, nor the stage of trial. Furthermore, he has not denied, on instructions, that accused have already been enlarged on bail. I have heard learned counsel for the parties and perused the The petitioner, while being posted as XEN with the Municipal Corporation, Ludhiana during the period 2021-22, is alleged to have nce of Rs.3,16,58,000/- from the Contingency Fund. However, the said withdrawal was purportedly made after obtaining due approval from the Commissioner of the Municipal Corporation, and the has already been deposited back into the bank Considering that the case is primarily based on documentary evidence, and given that the petitioner has been in custody since 14.10.2024, with the challan presented in February 2025, but charges yet to be framed, in having not been accorded till date, despite the case being adjourned by the learned trial Court on as many as 11 dates, the possibility of the trial concluding in the near future seems remote. In view of these circumstances, and taking into account the fact accused Pankaj Garg and Rajinder Singh have already been granted an amount remains to be accounted for, while the remainder had been Learned State counsel, on further instructions, does not dispute the custody period of the petitioner, nor the stage of trial. Furthermore, he has not denied, on instructions, that I have heard learned counsel for the parties and perused the The petitioner, while being posted as XEN with the Municipal 22, is alleged to have from the Contingency Fund. However, the said withdrawal was purportedly made after obtaining and the he bank Considering that the case is primarily based on documentary evidence, and given that the petitioner has been in custody since 14.10.2024, with the challan presented in February 2025, but charges yet to be framed, in having not been accorded till date, despite the case being adjourned by the learned trial Court on as many as 11 dates, the aking into account the fact accused Pankaj Garg and Rajinder Singh have already been granted Jaspreet Kaur 2025.07.02 09:47 I attest to the accuracy and integrity of this document Chandigarh CRM-M-10849 the concession of anticipatory bail by this Court and the Hon’ble Supreme Court, the petitioner is entitled to the similar relief. 10. be admitted to bail on the Trial Court/Duty Magistrate concerned. 11. shall not be construed to be an expression of op case. 12. bail, the State would be at liberty to seek cancellation of the same. July 01, 2025 Jaspreet Kaur 10849-2025 concession of anticipatory bail by this Court and the Hon’ble Supreme Court, the petitioner is entitled to the similar relief. Accordingly, the instant petition is allowed be admitted to bail on his furnishing bail/surety bonds to the Trial Court/Duty Magistrate concerned. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of op Needless to say, in case the petitioner bail, the State would be at liberty to seek cancellation of the same. , 2025 Whether speaking/reasoned Whether reportable -4- concession of anticipatory bail by this Court and the Hon’ble Supreme Court, the petitioner is entitled to the similar relief. Accordingly, the instant petition is allowed, and the petitioner furnishing bail/surety bonds to the satisfaction of However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the petitioner misuses the concession of bail, the State would be at liberty to seek cancellation of the same. (MANJARI NEHRU KAUL) JUDGE : Yes/No : Yes/No concession of anticipatory bail by this Court and the Hon’ble Supreme and the petitioner the satisfaction of However, it is made clear that anything observed hereinabove inion on the merits of the misuses the concession of Jaspreet Kaur 2025.07.02 09:47 I attest to the accuracy and integrity of this document Chandigarh