SURJIT SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Petitioner seeks bail under Section 439 read with Section 167 (2) Cr.P.C. in FIR No. RCCHG2011A0023 dated 30.11.2011, registered under Sections 420/465/467/468/471/477-A/120-B/109 IPC at Police Station CBI/ACB/Chandigarh.

(2.) Briefly stated, a criminal case was registered against the petitioner for forgery and misappropriation of bank money, amounting to Rs. 2,85,19,099/-. In this regard, FIR No. 80 dated 5.5.2009 was registered under Sections 420/465/467/468/471/477- A/120-B/109 IPC at Police Station City Kotkapura, District Faridkot, at the instance of Shri J.S. Kochher, Branch Manager, Punjab and Sind Bank, Kotkapura Branch, District Faridkot (in short 'the Bank'). Thereafter on 2.6.2009, the petitioner surrendered before the trial Court in case pertaining to FIR No. 80 dated 5.5.2009 and he was remanded to police custody for five days and thereafter sent to judicial custody. Later on 25.9.2009, the petitioner was enlarged on regular bail under Section 167(2) Cr.P.C. after remaining in custody for 3 months and 23 days. A report under Section 173 Cr.P.C. was presented in Court. The charges were framed against the accused/petitioner from 22.10.2001 to 6.4.2009. During the pendency of the trial, two different FIR Nos. 32 and 33 dated 8.2.2011 were got registered against the accused/petitioner by the said Bank on the allegations that Jagdev Singh son of Inder Singh was allowed to avail cash credit limit of Rs. 2 lacs on 6.7.2005 against the mortgage of land measuring 27 kanals 14 marlas, situated at village Behbal Khurd. Later on, Jagdev Singh disclosed to the said Bank that he owes nothing to the said Bank and that the land has been redeemed by the said Patwari. The anticipatory bail in the said case was declined by the Court. The petitioner has challenged the legality of the subsequent FIRs i.e. FIR Nos. 32 and 33 dated 8.2.2011 registered under Sections 420/465/467/468/471/477-A/120-B/409 IPC at Police Station City Kotkapura, District Faridkot, in this Court by filing CRM No. 8791-M of 2011, but the same was dismissed, vide order dated 23.8.2012 (Annexure-P-6). In the meantime, the petitioner was declared a proclaimed offender as he became absent before the trial Court in case pertaining to FIR No. 80 dated 5.5.2009 (Annexure-P-1).

(3.) It is further stated that, the said Bank filed CRM No. M- 34998 of 2009, seeking direction to transfer the investigation pertaining to FIR No. 80 dated 5.5.2009, registered under Sections 420/465/467/468/471/120-B/109 IPC at Police Station City Kotkapura, District Faridkot, to the CBI. This Court, vide order dated 21.9.2011 (Annexure-P-7), transferred the investigation to the CBI, and the CBI was directed to complete the investigation within six months from the date of taking over the investigation. It is stated that now the petitioner was arrested on 12.2.2014 and he is entitled to bail under Section 167 (2) Cr.P.C. as well as under Section 439 Cr.P.C.