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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (245) CRM-M-17538-2025 Date of Decision: 20.05.2025 Chhinder Pal Singh --Petitioner Versus State of Punjab --Respondent
CORAM:- HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL. Present:- Mr. S.K. Sandhir, Advocate for petitioner. Mr. Shiva Khurmi, AAG, Punjab assisted by DSP Inderjit Pal Singh and ASI Lakhmohan Jeet Singh. *** MANJARI NEHRU KAUL.J (Oral)
1. The petitioner is seeking the concession of regular bail, filed under Section 483 BNSS, in case FIR No.46, dated 06.05.2023, under Sections 409, 120-B IPC (later on added Sections 13(1) read with Section 13(2) of Prevention of Corruption Act, 1988), registered at Police Station, Sadar Raikot, District Ludhiana (Rural).
2. Allegations in the present case pertain to the misappropriation of electrical goods drawn from the PSPCL store at Jagraon to the tune of approximately Rs.5.65 crores.
3. As per the allegations levelled in the FIR (Annexure P-1) the petitioner in connivance with co-accused JE Daljit Singh and others misappropriated materials after withdrawing them from the P.S.P.C.L store.
4.
Learned counsel for the petitioner has submitted that the petitioner was merely serving as S.D.O and co-accused Daljit Singh, who is alleged to be the prime accused in the present case, had withdrawn the LUCKY 2025.05.21 11:23 I attest to the accuracy and integrity of this document High Court chandigarh
CRM-M-17538-2025 -2- electrical goods from the store. Counsel has submitted that prime accused Daljit Singh has since been extended the concession of bail by a Coordinate Bench of this Court vide order dated 08.01.2024 (Annexure P-2) and hence the petitioner also deserves similar relief more so when his role is much trivial in nature as compared to co-accused Daljit Singh. It has been further submitted that the case of the prosecution hinges entirely on documentary evidence which is part of the charge sheet since presented before the Trial Court; the trial is unlikely to conclude in the near future as none of the 45 prosecution witnesses cited, have been examined till date. Counsel submits that there can be no apprehension in the circumstances of the petitioner misusing the concession of bail by tampering with evidence which is all part of the challan. 3. Per contra, learned State counsel while opposing the prayer and submissions made by the counsel opposite, on instructions has not disputed that identically placed co-accused Lineman Ajit Pal Singh has been extended the concession of bail vide order dated 28.04.2025 passed by this Court. It has also not been disputed that the entire case of the petitioner hinges on documentary evidence which is already part of the challan. State counsel further submits that the next date fixed before the Trial Court is 03.06.2025 when the recording of the prosecution evidence is likely to commence. 4. I have heard learned counsel for the parties and examined the material on record. 5. The petitioner has been in custody since 16.09.2024. The trial will take considerable time to conclude. All the similarly placed accused have already been extended the concession of bail by this Court including LUCKY 2025.05.21 11:23 I attest to the accuracy and integrity of this document High Court chandigarh
CRM-M-17538-2025 -3- the prime accused JE Daljit Singh. 6. In the facts and circumstances as enumerated hereinabove, the instant petition is allowed and the petitioner be admitted to bail on his furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.
However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. 7. Needless to add, in case the petitioner misuses the concession of bail granted to him, the State would be at liberty to seek cancellation of the same. (MANJARI NEHRU KAUL)
JUDGE 20.05.2025 lucky Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No LUCKY 2025.05.21 11:23 I attest to the accuracy and integrity of this document High Court chandigarh