In CRM-M-22828-2023-PUNJ HC- P&H HC grants anticipatory bail to man in case of embezzlement of government grains, asks him to furnish personal bond of Rs 10,000 while imposing stringent conditions
Justice Anoop Chitkara [08-05-2023]

Read Order: Gursewak Singh v. State of Punjab 

Tulip Kanth

Chandigarh, May 10,2023: While observing that the possibility of the accused influencing the investigation, tampering with evidence, intimidating witnesses, and the likelihood of fleeing justice, can be taken care of by imposing elaborative conditions, the Punjab and Haryana High Court has allowed a bail plea of a man in a case involving embezzlement of government grains.

“Given the penal provisions imposed and the sentence provided by the Legislature, the nature of allegations coupled with the fact that the petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course-correct. Even a primafacie perusal of paragraph 5 & 6 of the bail petition needs consideration for bail”, Justice Anoop Chitkara said.

The petitioner apprehending arrest in the FIR had approached the High Court under Section 438 CrPC seeking anticipatory bail. It was declared in the bail petition that the accused had no criminal antecedents.

After considering the allegations and in light of fact that the accused was a first time offender, the Bench granted bail subject to various terms & conditions. 

The Bench referred to the judgment of the Top Court in Gurbaksh Singh Sibbia v State of Punjab wherein it was held that the bail decision must enter the cumulative effect of the variety of circumstances justifying the grant or refusal of bail.

Noting the fact that the petitioner was not required in any other case, the Bench allowed the bail petition and asked him to furnish a personal bond of Rs 10,000 as well as give one surety of Rs 25,000, to the satisfaction of the concerned investigator/SHO.