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2020 DIGILAW 231 (PNJ)

Surender Singh v. State Of Haryana

2020-01-20

RAJ MOHAN SINGH

body2020
JUDGMENT Raj Mohan Singh, J. (Oral) - Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.355 dated 09.08.2018, registered under Sections 409, 420 and 120-B of IPC and Section 13(2) of Prevention of Corruption Act, 1988 at Police Station Tosham, District Bhiwani. 2. Learned counsel for the petitioner states that the FIR was registered with the allegations that District Office, HAFED, Bhiwani had purchased 92464.30 quintals mustard seed from 15.3.2018 to 31.05.2018 through the Bawanikhera Cooperative Society Ltd. as its purchasing agency. The mustard seed was purchased from Tosham Mandi with minimum support price, bonus, market fee, GST etc. The purchased mustard was to be transported to the godown of HAFED by an agency known as Krishna Transport Agency. 3. As per the allegations, 5514.07 quintals of mustard seed amounting to Rs. 2,33,46,572/- did not reach to the storage of Haryana Ware Housing Cooperation. 4. Learned counsel for the petitioner submitted that the petitioner has been implicated on the basis of disclosure statement of co-accused. Petitioner was never entrusted with any foodgrain and the ingredients of offence under Section 409 IPC and the provisions of Prevention of Corruption Act are not attracted. Petitioner is only a Chowkidar in Hafed Godown having no concern with the purchasing process. The mustard seed was transported by a private contractor. Some of the mustard seeds was returned back due to high moisture contents and that was lying in the godown of purchasing agency. 5. It is not in dispute that certain amount of mustard seed has been recovered from the godown of purchasing agency after arrest of the petitioner. 6. Learned State counsel on instructions from DSP Kuldeep Baniwal states that the petitioner along with Dharmender Kumar (Manager of the Society) was deputed at Purchased Centre, Tosham for purchasing the mustard seed as amember of Technical Committee who was to ensure moisture contained and other configurations of the foodgrain. 7. Under the Rule of business, the District Manager, HAFED deputed the aforesaid employee for purchasing of FAQ mustard seed for checking its quality, weight, packing and also ensuring its lifting and storage in the Ware Housing cooperation on day to day basis. 8. Learned State counsel further states that the challan has already been presented and the petitioner is in custody since 20.11.2018. Charges are yet to be framed. 9. 8. Learned State counsel further states that the challan has already been presented and the petitioner is in custody since 20.11.2018. Charges are yet to be framed. 9. In view of ratio of Sanjay Chandra and Vinod Goenka Vs. Central Bureau of Investigation. 2011(4) RCR (Criminal) 898 and Siddharam Satlingappa Mhetre Vs. State of Maharasthra. 2011(1) RCR (Criminal) 125 and keeping in view the magnitude of the offence in question particularly the recovery effected from godown of Bawanikhera Cooperative Society, the case is found to be on debatable notes. The trial of the case may take some time in its culmination. 10. At this stage, without forming any opinion on the merits of the case, I deem it appropriate to release the petitioner on regular bail. 11. In view of above, the present petition is allowed and the petitioner is ordered to be enlarged on bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of trial Court/Duty Magistrate, Bhiwani. 12. Nothing expressed hereinabove shall be construed to be an opinion on merits of the case.