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2020 DIGILAW 2110 (PNJ)

Gurmukh Singh v. State of Punjab

2020-12-10

HARNARESH SINGH GILL

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Judgment Mr. Harnaresh Singh Gill, J. (Oral):- Case is taken up for hearing through video conferencing. 2. Through this petition, the petitioner seeks anticipatory bail in case FIR No.81 dated 10.04.2020, registered at Police Station Jandiala, Amritsar Rural, under Sections 409, 467, 468 and 471 IPC. 3. On 18.08.2020, this Court passed the following order:- “Case is taken up for hearing through video conferencing. Through this petition, the petitioner seeks anticipatory bail in case FIR No.81 dated 10.04.2020, registered at Police Station Jandiala, Amritsar Rural, under Sections 409, 467, 468 and 471 IPC. There is an allegation that the petitioner, who was having an additional charge of Panchayat Secretary w.e.f. 08.08.2019 to 13.08.2019, got transferred a total sum of Rs.73950/- from the Panchayat funds by forging the signatures of Major Singh, Sarpanch. Learned counsel for the petitioner contends that on 24.02.2020, the petitioner deposited an amount of Rs.73,000/-. Notice of motion. On the asking of this Court, Mr. N.K. Banka, DAG, Punjab, accepts notices on behalf of the respondent-State, and submits that though the petitioner has deposited the aforesaid amount, yet the fact remains that he has forged the signatures of the Sarpanch. Indisputably, an amount of Rs.73,000/- has been deposited by the petitioner. Whether or not any loss has been caused to the Panchayat on the basis of alleged forged signatures of the Sarpanch, is to be ascertained on the basis of evidence to be led during the course of trial. Adjourned to 10.12.2020. Meanwhile, the petitioner is directed to join the investigation and if he is sought to be arrested, he shall be released on interim bail to the satisfaction of Investigating Officer/Arresting Officer subject to the conditions as envisaged in Section 438 (2) of the Code of Criminal Procedure.” 4. Learned counsel for the petitioner submits that pursuant to the order dated 18.08.2020 passed by this Court, the petitioner has joined the investigation. 5. Learned State counsel, on instructions from SI Tarsem Singh, submits that the petitioner has joined the investigation and is not required for any further investigation. 6. In view of the above, without commenting on the merits of the case, the present petition is allowed and the order dated 18.08.2020 passed by this Court granting interim bail to the petitioner, is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.