ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections 0267 02.12.2023 Guruharsahai 420, 467, 468, 471, 409, 120-B IPC and Section 13 of Prevention of Corruption Act 1988
1. The petitioner, whose son has allegedly misappropriated grants received from schools by transferring the same in various accounts, including that of the petitioner, and has been missing since 29.05.2023, leaving behind a suicide note, apprehending arrest because of transfer of government funds in his account, had come up before this court by filing the present petition under Section 438 CrPC seeking anticipatory bail.
2. Vide order dated 02.02.2024, this Court had granted interim bail to the petitioner which is continuing till date.
3. Prosecution’s case is being taken from the reply dated 20.02.2024, filed by the concerned Deputy Superintendent of Police, which reads as under: -
…..FIR No.267 dated 02.12.2023 U/S 420, 465, 467, 468, 471, 409, 120-B IPC and 13 of Prevention of Corruption Act, 1988 was registered in Police Station Guruharsahai against Gurmeet Singh, Block Primary Education officer, Guruharsahai-1, Mahinder Pal son of Sadhu Ram, Rakesh Kumar son of Sadhu Ram, Charanjit son of Sadhu Ram, Harmandeep Singh son of Gurbachan Singh, Karan Kumar Mehta son of Ved Parkash Mehta, Mohan Singh son of Sandeep Kumar, Satish Kumar son of Sandeep kumar, Manjit Kaur wife of Sandeep Kumar, Sandeep Kumar son of Barkat Ram, Indraj, Mukesh Kumar and present petitioner Sadhu Ram. Initially Shri Satish Kumar, District Education officer, Ferozepur moved an application before Senior Superintendent of Police, Ferozepur regarding embezzlement of funds stating therein that enquiry committee formed, which found embezzlement of an amount of Rs. 1,51,00,000/-. An embezzlement of an amount of Rs.25,37,000/- regarding flat panel, furniture and projector, classroom and IED Scholarship Schemes etc. was found in preliminary report submitted on 26.06.2023. In preliminary report dated 04.07.2023, it was found that Charanjit Accountant committed embezzlement and amount was transferred in the accounts of Harmandeep Singh Clerk, Sandeep Kumar, Data Entry Operator and family members of Charanjit Accountant. In preliminary enquiryreport dated 21.07.2023, it was found that during the year 2020- 21, 2021-22 and 2022-23, an amount of Rs.1,44,91,042.49p was transferred in various nongovernment/personal accounts by violating the rules. The present petitioner Sadhu Ram is father of the key accused Charanjit Accountant. Thus part of embezzled amount was transferred in the accounts of petitioner.
4. That enquiry on the said application was conducted by Superintendent of Police (Investigation) Ferozepur and during the course of enquiry, the Enquiry officer joined Shri Gurmeet Singh, Block Primary Education officer, Guruharsahai-I, Karan kumar Mehta son of Ved parkash Mehta, Rakesh Kumar son of Sadhu Ram, Mahinder Singh son of Sadhu Ram, Harmandeep Singh son of Gurbachan Singh, Sandeep Kumar son of Barkat Ram, Vivek Gupta Chartered Accountant, PrinkalGrover, Gursewak Singh, Deputy Manager, HDFC Bank Guruharsahai. The Enquiry officer also taken into possession the copies of statement of accounts of Block Primary officer, Cheques issued by him and the documents which were submitted to the bank while opening the account no.50100431529669. It was also found that there are total 26 accounts of Block Guruharsahai -1 and out of the said accounts, Gurmeet Singh and Charanjit Singh Accountant embezzled grants. As per record, from account no.50100093733775 and account no.50100431529669, an amount of Rs.1,24,94,102.08ps were transferred in the accounts of Charanjit, Mahinderpal, Rakesh Kumar, Sadhu Ram(petitioner), Harmandeep Singh, Karan Kumar, Mohan Singh, Satish Kumar, Manjit Kaur, Sandeep Kumar, Indraj and Mukesh Kumar without any basis and from the remaining 24 accounts, the amount of Rs.26,05,898/- was embezzled. During the course of enquiry, it also came into light that the amount of Rs.6,98,330/- and Rs.7,14,274/- were transferred by Charanjit Singh Accountant in the account of his father Sandhu Singh (petitioner) through NEFT on different dates. Further the record from the District Education officer was also taken on record. After thorough enquiry, SP(Investigation) Ferozepur submitted his report no.2131/Reader-SP(Investigation) Ferozepur dated 29.08.2023 recommending registration of case u/s 409/420/120-B IPC against the accused persons before the Senior Superintendent of police Ferozepur. Thereafter the legal opinion was sought from ADA (Legal) Ferozepur and as per the report of ADA (Legal) Ferozepur dated 21.11.2023, he submitted his report and opined that the case should be registered u/s 420,465,467,468,471,409,120-B IPC and 13 of Prevention of Corruption Act 1988. Senior Superintendent of Police Ferozepur agreed with the report of ADA(legal) Ferozepur and as such the present FIR was registered under theabove said offences.”
4. I have heard counsel for the parties and gone through the pleadings.
5. Petitioner's counsel argued that the allegations against the petitioner are that the petitioner's son (Charanjit) was working as an accountant at Block Primary Education Office, Guruharsahai-1, District Ferozepur. He was working under one Gurmeet Singh (Block Primary Education Officer, Guruharsahai-I and in connivance with BPEO Gurmeet Singh, the amount meant for government schools, received as a grant from the State Government was embezzled, and the amount was transferred to various private individual accounts having no link with the respective schools. The petitioner's account was used as one of the accounts for transferring the embezzled amount.
6. The petitioner's version is that the BPEO exploited his son under the threat of dismissal from service and marking him absent from office. The petitioner submits that the money received in his account has been transferred to UPI linked to phone numbers. All transfers were electronic transfers and can be tracked by the investigating agency. The petitioner is not a beneficiary and has instead been used as a channel through his son, whom BPEO Gurmeet Singh exploited. The petitioner is 70 years old and does not know how to operate UPI or other online banking methods. The investigating agency will be able to find that apart from these transfers, as directed by Gurmeet Singh, there are no other transactions using online banking or UPI apps.
7. Petitioner's counsel further submitted that FIR was registered on 02.12.2023. In contrast, its commission, by exploiting the son of the petitioner, was reported to the police on 29.05.2023. On 29.05.2023, the son of the petitioner had already narrated the modus operandi employed by Gurmeet Singh in a suicide note left by him. Charanjeet's family is the victim. The suicide note was handed over to the police on the same date; however, the police did not carry out any inquiry or investigation on that suicide note, as no case has been registered, no investigation has been done, and no efforts have been made to find out the son of the petitioner. The petitioner does not even know whether his son is dead or alive, as he has been missing since the date of the suicide note and period of almost nine months have already elapsed. It is also submitted that the wife of the petitioner has also filed a petition before this Hon'ble court for directions to the police authorities for investigating the incident of exploitation and consequent suicide of her son Charanjeet. The said petition is registered as CRM-M-2828-2024 pending for 04.04.2024, and notice has been issued in the said case.
8. State counsel opposes the bail and referred to the petitioner’s role, as mentioned in para 5 of the preliminary submissions which reads as under: -
“That so far as the role of petitioner is concerned, it came into light during the course of enquiry that the amount of Rs.7,14,274/- and Rs.6,98,330/- were transferred by Charanjit Singh Accountant in the account of his father Sadhu Ram petitioner from Government Account No.50100093733775 and account No.50100431529669. Thushuge amount was embezzled by the petitioner in connivance with his son Charanjit Singh Accountant. The copy of the bank statement of Sandhu Ram is attached herewith as Annexure R-1.”
9. An analysis of the above arguments points out that there is evidence of the transfer of government funds to the tune of more than Rs.14 lacs from the government’s account to the petitioner’s account; however, the petitioner’s case is specific that the money was further transferred to the beneficiaries account through UPI linked accounts which the investigator can even easily track and amount transferred in petitioner’s account, has already been withdrawn as per para No.18 of the petition by BPEO and Charanjit Singh. Matter was reported way back on 29.05.2023 but the investigation is incomplete. A perusal of the reply does not point out the money that was further transferred from the petitioner’s account, and the investigator did not follow the money trail. Although more than nine months had passed since the matter was reported, the investigator did not investigate these material points. Because the investigation did not occur in the required areas, where the money trail in the digital form is available with 100% accuracy, the State wants the petitioner’s custodial interrogation to fish out the evidence, which cannot be granted.
10. Given the above, coupled with the facts peculiar to this case, the petition is allowed and interim order dated 02.02.2024 is made absolute. Pending applications, if any, stand disposed of.
