Allowed

Kirpal Singh v. State of Punjab

Punjab & Haryana HC8 Dec 2023CRM-M/43461/2023

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana granted anticipatory bail to the petitioner, Kirpal Singh, President of a cooperative society. The court set aside interim conditions and made the interim order from September 1 absolute, noting that sufficient documentary evidence exists and individual blame for systemic monitoring failures in the society is unwarranted for bail purposes.

What did the court decide?

Petition allowed. Interim order dated 01.09.2023 made absolute. Anticipatory bail granted.

Kirpal Singh Vs State of Punjab — Corruption | Punjab & Haryana HC (2023)

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CRM-M-43461-2023

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203 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-43461-2023

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Reserved on: 28.11.2023 Pronounced on: 08.12.2023

Kirpal Singh

...Pe!!oner

Versus

State of Punjab …Respondent

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Kumar Vishav Aggarwal, Advocate for the pe!!oner.

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Mr. Shiva Khurmi, A.A.G., Punjab assisted by ASI Shinder Pal.

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Mr. R.K. Chaudhary, Advocate for the complainant.

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****

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ANOOP CHITKARA, J.

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FIR No.	Dated	Police Sta!on	Sec!ons
0041	22.07.2023	Morinda, District	420, 409, 120-B IPC and 13
		Rupnagar	(1) (A), 13 (2) of PC Act, 1988
			(as amended by P.C.
			Amendment Act,2018)

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The pe!!oner apprehending arrest in the FIR cap!oned above has come up before this Court under Sec!on 438 CrPC seeking an!cipatory bail.

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Vide order dated 01.09.2023, this Court had granted interim an!cipatory bail to the pe!!oner, subject to compliance of condi!ons of declaring the assets as men!oned in para no.16 of the said order. The interim order con!nued and in between further direc!ons are obtained from the Inves!gator.

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I have heard counsel for the par!es and gone through the pleadings.

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Facts of the case are being extracted from reply dated 12.09.2023 filed by concerned DySP. Some residents of village Oind made a complaint to DySP Morinda District Rupnagar that they have deposited Rs.70 lacs in the Coopera!ve Society of village Oind of which the pe!!oner is President and Kulwinder Singh is Secretary. When they asked for the refund of their money, then the pe!!oner started making excuses on one pretext or the other. The complainant states that the depositors are the marginals peasants, labours and small farmers. Based on said complaint, an inquiry was conducted

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Jyoti Sharma 2023.12.08 13:11 I attest to the accuracy and authenticity of this order/judgment Sector 1, High Court, Chandigarh

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CRM-M-43461-2023

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in which allega!ons of the complainant regarding deposit were found correct. It also transpired that the pe!!oner had told them that their money had been deposited in the account of Co-opera!ve and Agriculture Society, Oind maintained by The Ropar Central Coopera!ve Bank and on further inquiry from the Ropar Central Coopera!ve Bank, they had revealed that only around Rs.4 lacs was in the said account. The pe!!oner had told the Inquiry Officer that the amount was given on credit and when he is asked to produce such record, he did not do so, however, during the pendency of the present pe!!on, said record was handed over to the Inves!gator. On registra!on of FIR, inves!ga!on commenced and the Inves!gator gathered informa!on from 88 account holders that Rs.61 lacs was s!ffened off by the pe!!oner and his co-accused Kulwinder Singh. The inves!ga!on is going on and there may be many more depositors.

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A supplementary reply dated 10.08.2023 was filed by concerned DySP. It has been stated that the coopera!ve socie!es are in existence to encourage its members to deposit their savings. Pe!!oner explicitly claims in para no.7 about the deposits and the outstanding loans. It is appropriate to extract para no.7 of the pe!!on which reads as under:-

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“7. That since last 3 years society is under huge debts of bank in the loan taken by the society for the welfare of members and that is only due to the defaulters, who ae not returning the loan disbursed by the society. In the year 2020-21 loan outstanding of the society towards members of the society was Rs.2,04,48,959/- and CCB ST loan outstanding of society towards bank was Rs.1,36,83,429.53/-. Detailed chart for last 3 years is as following for the kind perusal of this Hon'ble court:-

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Financial year	Members ST Loan outstanding towards members	Bank CCB ST loan outstanding towards society
2020-21	Rs.2,04,48,959.50	Rs.1,36,83,429.53
2021-22	Rs.2,02,34,443.50	Rs.1,32,89,855.68
2022-23	Rs.1,86,42,387.00	Rs.1,06,84,331.62

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Society was unable to clear the dues of members of the society only due to the reason of shortage of funds. As members are either defaulters of loan or not paying the installments on 1me. Copy of Balance sheet for the financial year 2020-21, 2021-22 and 2022-23 is enclosed herewith as ANNEXURE P-4.”

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Counsel for the pe!!oner has also handed over certain documents about the advancement of loans. An analysis of the above pleadings and the inves!ga!on points

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Jyoti Sharma 2023.12.08 13:11 I attest to the accuracy and authenticity of this order/judgment Sector 1, High Court, Chandigarh

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CRM-M-43461-2023

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out that because of lack of proper monitoring by the government and in the absence of any control of Reserve Bank over the coopera!ve socie!es, some of the deposits were further given as loans without risk assessment of its likely return. It would be extremely difficult to state that out of the loan advanced, how much was done with malicious intent or with fic!!ous people. The inves!ga!on has to con!nue in that aspect. But so far as the custodial interroga!on is required, it is not required for the reason that sufficient documentary evidence is available and further that in case State Government had imposed proper monitoring on the deposits and disbursement of the Coopera!ve Socie!es, the poor people would not have loose their money. As such, the pe!!oner cannot be individually blamed. It is clarified that the observa!ons are only for the purpose of deciding bail and would have no legal force whatsoever for claiming any benefits from the government in this regard.

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In the en!rety of facts and circumstances of the case, the pe!!on is allowed. Interim order dated 01.09.2023 is made absolute.

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(ANOOP CHITKARA) JUDGE

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08.12.2023 Jyo! Sharma

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Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

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Jyoti Sharma 2023.12.08 13:11 I attest to the accuracy and authenticity of this order/judgment Sector 1, High Court, Chandigarh

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Kirpal Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Kirpal Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

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