MALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.11 dated 31.12.2018, registered under Sections 409, 420, 467, 468, 471, 120-B IPC and under Section 13 (1) (a) read with Section 13(2) of Prevention of Corruption (Amendment) Act, 2018 at Police Station Vigilance Bureau FS-1, Punjab at Mohali, District SAS Nagar, Mohali.

(2.) Short reply by way of affidavit of DPS Kharbanda, District Rural Development and Panchayat, Sector 68, Mohali, Punjab is filed by learned State counsel today in Court. The same is taken on record.

(3.) As per allegations in the FIR compensation was received in favour of Gram Panchayat, Manouli on account of acquisition of land. The amount was deposited by the Gram Panchayat in different accounts and a bank account was opened in the name of Gram Panchayat under the signatures of Sarpanch Avtar Singh, Ravinder Singh, Secretary, Gram Panchayat, Manouli and Malwinder Singh (petitioner), BDPO Kharar. The said account was to be operated by the aforesaid three persons under their signatures. As per allegations, cheques No.1 to 4 in a sum of Rs.34,45,000/- were issued in favour of different suppliers. Signature of Avtar Singh on these cheques are alleged to be forged. It is not in dispute that the amount of Rs.34,45,000/- has been redeposited in the account of Gram Panchayat. Allegations of temporary embezzlement if any, would be subject to ultimate decision of the criminal case. Cheques No. 5 to 10 and Sr. No.11 demand draft were signed by Jatinder Singh Dhillon, BDPO Block Kharar, Ravinder Singh, Panchayat Secretary Village Manouli and Avtar Singh, Sarpanch.