SURINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgement shall dispose of Cr.MP(M) 1113, 1114, 1116, 1117, 1118, 1119 and 1128 of 2011 which have been filed by Surinder Singh, Ahalya Devi, Chandlo Devi, Purshotam Lal, Gulshan Kumar, Sanjeev Kumar and Surinder Kumar, respectively, under section 438 Cr.P.C. for releasing them on bail in FIR No. 276 of 2010 dated 27.12.2010, under sections 420, 409, 468, 471 IPC, registered at Police Station, Dharamshala, District Kangra.

(2.) SURINDER Singh petitioner in Cr.MP(M) No. 1113 of 2011 was the President, Purshotam Lal petitioner in Cr.MP(M) No. 1117 of 2011 was the Vice -President and other petitioners were the members of Gram Panchayat, Tang Narwana, Tehsil Dharamshala, District Kangra, H.P. It has been stated in the bail applications that petitioners have been falsely implicated in the case. They are innocent, they have nothing to do with the commission of offence. The case has been registered on account of rivalry at the Panchayat level. The petitioners are ready to join the investigation and furnish bail bonds in accordance with the directions of this court. It has been stated that FIR was registered on 27.12.2010, but now the petitioners are apprehending their arrest in the case. The prayer has been made for releasing the petitioners on bail under section 438 Cr.P.C. The petitioners have filed bail applications before the learned Addl. Sessions Judge, Kangra at Dharamshala, which have been rejected.

(3.) HEARD and perused the police file. In the complaint filed before the learned Judicial Magistrate contents of which have been reproduced in the status report, there are several allegations with respect to misappropriation of Panchayat funds. It has been stated in the complaint that matter was brought to the notice of authorities at different levels, but no action has been taken despite 7/5/2014 Page 66 Vinod Kumar Versus State Of Himachal Pradesh adverse audit reports and other reports against the working of concerned authorities of Panchayat. It has been stated that from 30.12.2005 to 20.5.2008, a sum of Rs. 3,32,00,000/ - had come to Panchayat and this amount was debited in the account of Panchayat, as per information obtained under RTI. The Panchayat funds have been misappropriated by preparing false record regarding expenditure of grants and funds, but on the spot no work as per specification of the government has been done. The most of the work either has not been done or is lying incomplete on the spot.