Bail application dismissed in a corruption case involving a Patwari accused of preparing false land records and defrauding a society. The Court held no case for bail as investigation was incomplete and risk of tampering with evidence remained.
Bail application dismissed.
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Crl. Misc. No. M-18833 of 2015
THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-18833 of 2015 Date of decision : 19.09.2015
Rajwinder Singh
...... Petitioner
versus
State of Punjab
... Respondent
CORAM:- HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. R.S. Manhas, Advocate for petitioner.
Mr. Deep Singh, AAG Punjab.
ANITA CHAUDHRY, J.
The petitioner is seeking regular bail in FIR No. 20 dated 16.12.2014, under Sections 409, 420, 467, 471 and 120-B IPC and Section 13(i)(d) read with Section 13(2) of the Prevention of Corruption Act. Registered at Vigilance Bureau, Amritsar.
The anticipatory bail of the petitioner had been dismissed. The petitioner was subsequently arrested on 10.03.2015. Charge has been framed and complainant and private witnesses are yet to be examined.
Learned counsel for the petitioner contends that
the Clerk in the Bank had been allowed bail and investigation is over and no recovery is to be effected and as the trial would take time, bail may be allowed.
JITEN SHARMA 2015.09.21 16:51 I attest to the accuracy and authenticity of this document High Court Chandigarh
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Crl. Misc. No. M-18833 of 2015
Learned State counsel has opposed the bail application and urges that it is a case where the petitioner, who is Patwari, prepared false jamabandis and in connivance with Bank Manager, members of the Society were given loan to the tune of Rs.82 lacs and a complaint was made and the matter was enquired and it was discovered that they were not members of the Society and they had been set up and they were not the owners. Counsel further submits that the statement of the Manager has not been concluded yet and the petitioner would tamper with evidence.
The petitioner is Patwari of the area. The allegations against him are serious. The complainant and other private witnesses have yet to be examined. The allegations are that that he would tamper with evidence. No case for bail at this stage is made out. Petition is dismissed.
September 19, 2015 (ANITA CHAUDHRY) Jiten JUDGE
JITEN SHARMA 2015.09.21 16:51 I attest to the accuracy and authenticity of this document High Court Chandigarh
2 issues framed by the court
Whether bail should be granted in a case involving preparation of false land records (jamabandi) and corruption charges where investigation is not over.
Whether the petitioner, a Patwari, poses a risk of tampering with evidence given the nature of allegations.
2 provisions across 2 enactments
Rajwinder Singh
State of Punjab
Anita Chaudhry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
