SATISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant bail application has been filed by the petitioner under Sec. 439 of the Code of Criminal Procedure (Cr.P.C.) for grant of bail in case FIR No.86 of 2022, dtd. 26/7/2022, under Ss. 409 and 420 of the Indian Penal Code (IPC) and Sec. 13(2) of Prevention of Corruption Act (for short, 'PC Act'), registered at Police Station Sadar Nahan, District Sirmaur, H.P.

(2.) Brief facts of the case, as per the status report filed by the respondent-State are that on 26/7/2022, police received a letter alongwith the annexures, from the office of District Treasury Officer (DTO), Sirmaur at Nahan, H.P., praying therein to lodge a criminal case/FIR against Satish Kumar, Deputy Director (HIPA), the then DTO (Nahan) (petitioner herein) as he had misappropriated/embezzled a sum of Rs.1.69 Crore from the Government treasury. It was averred in the aforesaid letter that as per the preliminary inquiry report submitted by the Inquiry Officer to Special Secretary (Finance)-cum Director, Treasuries, Accounts and Lotteries, the petitioner had made multiple transactions/ transfer of amount from the accounts of Pension Payment Orders (PPO) to multiple bank accounts maintained in his own name as well as in the name of his family members. As per the preliminary status report, during his tenure as DTO, Nahan, the petitioner had illegally transferred a sum of Rs.9,66,519.00 from the PPO account to Bank Account No.11508847880, SBI Pachhad, which was in the name of petitioner and his wife Nishi Rani from December, 2012 to November, 2016 and in addition, he also illegally transferred Rs.30,23,312.00 from the PPO account to Bank Account No.0356000400510804, PNB, Nahan, which was also in the name of petitioner and his wife from March, 2014 to November, 2018. Similarly, the petitioner had illegally transferred Rs.33,05,373.00 to his Bank Account No.55134143530, SBI Nahan from PPO account from February, 2015 to January, 2018, a sum of Rs.56,84,200.00 from PPO account to Bank Account No.31525207249, SBI Nahan, maintained in the name of the petitioner and his wife. A sum of Rs.17,12,046.00 was also found to have been illegally deposited by him from PPO account in Bank Account No. 31704696359, SBI Nahan, which was in the name of his daughter Supriya, from June, 2014 to November, 2016 and a further sum of Rs.21,74,921.00 to the bank account of his son Arnav bearing No.32025963580 from PPO account, from March, 2014 to April, 2017. Thus, during his tenure as DTO Nahan, the petitioner had illegally transferred a total sum of Rs.1,68,66,371.00to his bank account and the bank accounts of his family members. On the basis of the aforesaid complaint, the police registered a case under the apt Ss. of IPC as well as of PC Act and arrested the petitioner 23/3/2023.

(3.) The bail application has been filed by the petitioner on the ground that he is innocent and has been falsely implicated in the present case. Learned Senior Counsel for the petitioner contended that there is no legal evidence against him as far as commission of the offence is concerned and he has been detained only under presumption. He further contended that the petitioner is in custody for the last about one year and two months and the delay in conclusion of trial infringes upon his right of speedy trial, as such, he is entitled to be released on bail on the ground that his right of speedy trial has been violated.