Embezzlement Of PSPCL Materials Worth Over Rs. 1.15 Crores: Anticipatory Bail Rejected: P&H High Court

In a significant Judgemnent by the High Court of Punjab and Haryana, the anticipatory bail plea of Harkanwaljit Singh, involved in the misappropriation of materials from Punjab State Power Corporation Limited (PSPCL), was dismissed. The case, presided over by Hon’ble Mr. Justice Jasjit Singh Bedi, highlights the stringent approach of the judiciary in cases involving substantial financial irregularities.

The FIR, lodged under Sections 409 and 120-B of the IPC, 1860, at Police Station City Kotkapura, District Faridkot, brought to light the alleged embezzlement of PSPCL materials worth over Rs. 1.15 crores. The court, in its observation, noted that “prima facie, it is the petitioner who is liable for having defalcated material (stock and scrap) from the Central Store, Kotkapura to the extent of approximately Rs.1.15 crores.”

In the detailed judgement, Justice Bedi emphasized the gravity of the offence, stating that the custodial interrogation of the petitioner was necessary for the recovery of misappropriated property and the logical conclusion of the investigation. The court’s decision was heavily influenced by the findings of an inquiry report and an affidavit from the Deputy Superintendent of Police, which pointed towards the petitioner’s significant involvement in the misappropriation.

The ruling also referenced the Supreme Court judgement in Sumitha Pradeep Vs. Arun Kumar C.K. & Anr., underscoring the importance of considering the prima facie case against the accused in bail matters.

Representing the petitioner was Mr. Shakti Bhardwaj, while the State of Punjab was represented by Mr. Kirat Singh Sidhu, DAG, Punjab. Mr. Sehajbir Singh advocated for the complainant.

This decision marks a notable stance by the High Court in addressing cases of significant financial misconduct, sending a strong message about the consequences of such actions. The observations made by the court are specific to this anticipatory bail petition and do not influence the trial court’s adjudication, which will be based on the evidence presented.

Date of Decision: 07.11.2023

HARKANWALJIT SINGH  VS STATE OF PUNJAB