GURJINDER PAL SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This first application under Sec. 439 of the Code of Criminal Procedure has been filed by the applicant who is in custody in connection with Crime No.22/2021 registered at Police Station - Economic Offences Wing, Raipur, for the offences punishable under Ss. 13 (1)(b) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as special Act) and Ss. 201, 467 & 471 IPC.

(2.) Case of the prosecutoin is that FIR has been registered on 29/6/2021 against the applicant for acquiring disproportionate assets after preliminary enquiry on 14/6/2021 calculating the income from the salary of the applicant for the check period from 1/1/1996 to 29/6/2021 to be Rs.1,75,00,000.00 and expenditure as Rs.3,55,80,967.00. Different properties suspected to be in the name of family members and other familier person namely PreetPal Singh Chandok were also found. After investigation charge sheet was filed against the applicant, his wife, father and mother and PreetPal Singh Chandok for the offences mentioned above. The calculation of Disproportionate Assets as contained in the documents filed along with the charge sheet is as under :

(3.) It has been alleged that total disproportionate property to the tune of Rs.9,55,09,182.00 has been found to be 166.87% excess from the income, which was not satisfactorily explained. So it is alleged that the family members and PreetPal Singh Chandok hatched a conspirarcy and abetted such offence by showing false entries of income acquired by the applicant in an illegal manner. During search of residence of applicant, some important documents were thrown away and the D.V.R. of C.C.T.V. installed at the residence were not made available.