Extracted from the PDF above. The PDF is authoritative.
103.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Kulveer Singh Patwari
State of Punjab [
CORAM:
Present:
MANJARI NEHRU KAUL
1.
grant of anticipatory bail to the petitioner in case FIR No.09, dated 18.03.2025, under Section 13(2) read with Sections 13(1)(A) of Prevention of Corruption (Amendment) Act, 2018, and Sections 409, 465, 466, 467, 468, 471, 120 Bathinda, District Bathinda.
2.
who is serving as a on the basis of unfounded and poli submitted that the petitioner instructions issued by the compensation to land discretion in the mat
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM
Date of decision: Kulveer Singh Patwari
Versus
Punjab
HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL Mr. Karanjeet Singh Brar, Advocate, for the petitioner. ----- MANJARI NEHRU KAUL, J. (ORAL) Prayer in this petition filed under Section 4 grant of anticipatory bail to the petitioner in case FIR No.09, dated 18.03.2025, under Section 13(2) read with Sections 13(1)(A) of Prevention of Corruption (Amendment) Act, 2018, and Sections 409, 465, 466, 467, 120-B of IPC, registered at Police Station Vigilance Bureau Bathinda, District Bathinda.
Learned counsel for the petitioner who is serving as a Patwari, has been falsely implicated in the instant case on the basis of unfounded and politically motivated allegations. ubmitted that the petitioner merely acted in compliance with the instructions issued by the Government of Punjab for disbu compensation to landowners and did not exercise any independent discretion in the matter. Learned counsel, while drawing the
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20083-2025 Date of decision: 21.05.2025
.... Petitioner
.... Respondent HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL , Advocate, for the petitioner. Prayer in this petition filed under Section 482 of BNSS is for grant of anticipatory bail to the petitioner in case FIR No.09, dated 18.03.2025, under Section 13(2) read with Sections 13(1)(A) of Prevention of Corruption (Amendment) Act, 2018, and Sections 409, 465, 466, 467, registered at Police Station Vigilance Bureau counsel for the petitioner contends that the petitioner, ari, has been falsely implicated in the instant case tically motivated allegations. It is acted in compliance with the overnment of Punjab for disbursement of owners and did not exercise any independent while drawing the attention of 82 of BNSS is for grant of anticipatory bail to the petitioner in case FIR No.09, dated 18.03.2025, under Section 13(2) read with Sections 13(1)(A) of Prevention of Corruption (Amendment) Act, 2018, and Sections 409, 465, 466, 467, registered at Police Station Vigilance Bureau , ari, has been falsely implicated in the instant case It is acted in compliance with the rsement of owners and did not exercise any independent SANJEEV KUMAR 2025.05.22 13:50 I attest to the accuracy and integrity of this document
CRM-M-20083-2025
- 2 - this Court to the FIR (Annexure P-1), has argued that no part of the compensation amount was ever credited to the personal account of the petitioner and, therefore, the allegation of misappropriation is without any substance. It has been further urged that the FIR in question is in fact the outcome of a matrimonial dispute between co-accused, Karnail Singh and his wife, Harjit Kaur, and that the petitioner has been unnecessarily dragged into the controversy solely on account of his familial relationship with the parties. 3. I have heard learned counsel for the parties and perused the material placed on record. 4.
A perusal of the material on record reveals that serious and specific allegations have been levelled against the petitioner, indicating a prima facie misuse of official position. The petitioner, in his capacity as Patwari, Mal Halqa Jhunir, is alleged to have deliberately tampered with official revenue records to facilitate wrongful disbursement of compensation in favour of Harjit Kaur, who is stated to be none other than his sister-in-law. The FIR and the material collected during investigation suggest that no land stood recorded in the name of Harjit Kaur, yet compensation was sanctioned and disbursed in her favour, thereby resulting in wrongful loss to the State Exchequer and corresponding unlawful gain to private individuals. 5. The allegations against the petitioner are not of trivial nature. They strike at the very root of public trust repose in the integrity of government functionaries tasked with the maintenance and certification of SANJEEV KUMAR 2025.05.22 13:50 I attest to the accuracy and integrity of this document
CRM-M-20083-2025
- 3 - land records. The alleged manipulation of official records, if proved, reflects a breach of fiduciary duty and an abuse of the official position for extraneous considerations by the petitioner. The plea that the petitioner was merely following government instructions does not prima facie absolve him of individual accountability, particularly when the records suggest an active role in processing compensation in violation of applicable norms. 6. Given the nature and gravity of the allegations, the custodial interrogation of the petitioner would be imperative to unearth the broader conspiracy and trace the financial trail of the compensation disbursed. The possibility of tampering with evidence or influencing witnesses also cannot be ruled out at this stage. 7. In view of the above and keeping in view the seriousness of the allegations levelled against the petitioner, he does not deserve the extraordinary concession of anticipatory bail. 8. Present petition stands dismissed accordingly. 9.
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. (MANJARI NEHRU KAUL)
JUDGE May 21, 2025 sanjeev
Whether speaking/reasoned:
Yes/No
Whether reportable:
Yes/No
SANJEEV KUMAR 2025.05.22 13:50 I attest to the accuracy and integrity of this document