Dismissed

Jitender Kumar and Ors. v. State of Haryana

Punjab & Haryana HC8 May 2013CRM-M/13965/2013

Case brief

AI extract

What is this about?

This is a bail application under Section 438 CrPC filed by billing-cum-payment agents. The High Court dismissed the petition, holding that the serious nature of the alleged scam, involving significant financial loss to the State and alleged official connivance, negates the grounds for anticipatory bail.

What did the court decide?

Application for anticipatory bail dismissed; petitioners cannot be released on bail.

Jitender Kumar and Ors. Vs State of Haryana — Corruption | Punjab & Haryana HC (2013)

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CRM M-13965 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM M-13965 of 2013 (O&M) Date of Decision: May 08, 2013

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Jitender Kumar and another

.... Petitioners

Versus

State of Haryana

... Respondent

CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

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Present: Dr. Anmol Rattan Sidhu, Sr.Advocate with Mr. Nandan Jindal, Advocate, for the petitioners.

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Paramjeet Singh, J. (Oral)

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Present petition has been filed under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail to the petitioners in case FIR No. 178 dated 12.12.2012, registered at Police Station Cheeka, District Kaithal, under Sections 406, 420, 467, 468, 471, 120-B IPC, 7 & 10 of the Essential Commodities Act, 1955 and 13(2)/49/1988 of the Prevention of Corruption Act, 1988.

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Heard.

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Learned counsel for the petitioners contends that the petitioners are the partners of M/s Maa Bhiwani BCPA, Cheeka and they had entered into an agreement for the year 2012-13 with the CONFED on 06.10.2012. The petitioners are billing-cum-payment agents and they had agreed, inter-alia, as follows:-

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“ 1. They shall move from heap of the food grains arriving

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CRM M-13965 of 2013 (O&M)

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in the Mandi when the prices are settled and shall see that in no case the price is more than that justified by the quality of the grains.

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2. They shall see that the grain is weighed after proper and through cleaning in the manner prescribed by the Govt.

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3. They shall ensure that the grain is weight correctly 100%.

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From the perusal of the terms and conditions of the agreement, it is clear that the petitioners are required to move heap of the food-grains, on its arrival in the Mandi, and they are further responsible for correctly weighing the wheat in addition to see that its price fixed is as per the quality of the food grains. Thereafter, they ought to hand over the grains to the concerned Rice Mills.

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From the perusal of the FIR and the investigation file shown to the Court, it has transpired that a rice sheller working with the name and style of M/s Maa Bhawani Rice Mill, Cheeka has a capacity of 30 metric tones, whereas, he was allotted 83 metric tones paddy much more than the capacity of the mill. After physical verification, this fact came to the notice of the concerned authorities and the payment was stopped. In this manner, a loss to the CONFED, ultimately to the State exchequer, to the tune of Rs. 7 crores has been caused by the petitioners in connivance with the Kacha Arthia/Commission Agents as well as the officials of the various departments.

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CRM M-13965 of 2013 (O&M) 3

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Keeping in view the seriousness of the scam and the fact that the Commission Agents and the officials of the various purchasing agencies and the petitioners who are billing-cum-payment agents have connived with each other and caused huge loss to the State exchequer, no ground for grant of anticipatory bail is made out.

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Dismissed.

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May 08, 2013 [Paramjeet Singh] vkd Judge

Jitender Kumar and Ors. v. State of Haryana

Case brief

What is this about?

What did the court decide?

Jitender Kumar and Ors. v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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