DEVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) As is evident from the record that earlier two petitions, bearing CRM No. M-22860 of 2013 and 933 of 2014 filed by the petitioner in the same very case were dismissed as withdrawn, vide orders dated 18.7.2013 and 28.1.2014 by a Coordinate Bench of this court (Inderjeet Singh, J.).

(2.) Now the petitioner (main accused) has preferred the instant 3rd petition for the grant of concession of regular bail in a case registered against him and his other co-accused, by means of FIR No.10 dated 17.1.2013 (Annexure P1, on accusation of having committed the offences punishable u/ss 406, 409, 120-B IPC, Sections 13(1)(d) read with section 13 (2) of The Prevention of Corruption Act, 1988 and Section 7 of The Essential Commodities Act, 1955 by the police of Police Station Dialpura, District Bathinda.

(3.) The pith and substance of the prosecution case, which needs a necessary mention for the limited purpose of deciding the instant 3rd petition for regular bail filed by the petitioner (main accused) and emanating from the record, is that complainant Punjab Agro Food Grains Corporation Limited, Bathinda (for brevity "the complainant-PAFC") had handed over 61293 bags of paddy, weighing 2145.33 tons, for milling/de-husking to the firm of the petitioner M/s Harleen Rice Mill, against a valid receipt, in pursuance of the agreement. He was required to return the rice of the same quality to the complainant-PAFC within the stipulated period. Instead of returning the required quantity of same quality of rice, he has only returned 1147 bags to the FCI. It was claimed that 61048 bags of paddy, weighing 21051.80 quintals, were found missing in the milling, causing the damage of Rs.3,69,90,000/- to State exchequer. The remaining paddy was misappropriated by the petitioner.