JOGINDER SINGH SARPANCH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRL.M.No.27913 of 2012 Application is allowed subject to all just exceptions. CRL.M.No.M-13709 of 2012

(2.) THE present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.46, dated 25.4.2012, under Section 409 IPC read with Sections 13(1)D, 13(1) E of Prevention of Corruption Act, 1988 and under Section 13-B of Punjab Village Common Land Regulation Act 1961, registered at Police Station Samana, District Patiala.

(3.) IT has been contended by learned counsel for the petitioner that he has been falsely implicated in this case due to political pressure as complainant fought elections of the Sarpanch against the petitioner. IT is Crl.M.No.M-13709 of 2012(O&M) -3- also contended that the price had gone down as complainant did not allow anybody to take the land in auction as land was put to auction many times by the petitioner. IT is also contended that even as per enquiry report, five acres of land was found even and only one acre was found uneven. Be that as it may, it came during enquiry that being Sarpanch of Gram Panchayat, he sold soil of the land of the Gram Panchayat to one Nishan Singh son of Gurmukh Singh and did not deposit the amount realized from it in the Panchayat account and hence he has embezzled the panchayat funds.