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2021 DIGILAW 442 (PNJ)

Rajeev Kumar v. State of Punjab

2021-02-24

HARINDER SINGH SIDHU

body2021
Judgment Mr. Harinder Singh Sidhu, J.: - Prayer is for grant of regular bail in case FIR No.40 dated 15.04.2020 under Sections 407,420,120-B IPC registered at P.S Nihal Singh Wala, District Moga. 2. FIR was registered on the complaint made by one Jaswinder Singh, President, Food & Supply Association with the allegations that Krishan Kumar, who was owner/partner of M/s Akshit Agro Foods, M/s Surya Agro Foods and M/s Keshav Agro Foods, Nihal Singh Wala Road, Baghapura was on run along with family. Upon inquiry conducted by the team of Assistant Food and Supply Officers, it was reported on 12.03.2020 that 1,24,107 bags weighing 4,653.99 tonne paddy of PUNGRAIN, which had been stored in the said mills were found missing. Thereafter, on instructions, teams were directed to shift the paddy from said rice Mills. Process of shifting of paddy was undertaken. Krishan Kumar in order to save himself started filing complaints against the staff deputed for shifting the paddy. He even faked a suicide note. It is alleged that said Krishan Kumar had also cheated the Punjab & Sind Bank to the tune of Rs.13 crores regarding which the Bank appointed security staff to guard the said shellers. It is further alleged that said Krishan Kumar had also obtained loan from Axis Bank against paddy stock whereas the required paddy was not stored in his Godown. He had also taken a huge amount from the private persons but did not return the same. He also owes a sum of Rs.40 lacs to the Electricity Department due to which all electric connections of the above shellers were disconnected. Said Krishan Kumar is alleged to be a shrewd person, who keeps on making false complaints against the employees/officers, thus action was sought to be taken against him. 3. Learned counsel for the petitioner has referred to a partnership deed (P.2) to contend that the petitioner was only a sleeping partner in one of the firms. As per the Deed, the petitioner was having 10% share while said Krishan Kumar had 90% share. Krishan Kumar was solely incharge of the business and the petitioner had nothing to do with day to day business carried out by co-accused. 4. The petitioner is in custody since 07.09.2020. 5. The investigation in this case is complete and challan has been presented. The trial of the case may take a long time. 6. Krishan Kumar was solely incharge of the business and the petitioner had nothing to do with day to day business carried out by co-accused. 4. The petitioner is in custody since 07.09.2020. 5. The investigation in this case is complete and challan has been presented. The trial of the case may take a long time. 6. Without commenting anything on the merits of the case and also bearing in mind the facts of this case, in my opinion, no useful purpose will be served by detaining the petitioner behind bars any further. The petition, as such, is accepted. The petitioner Rajeev Kumar is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 7. This present petition stands accepted accordingly.