Gurdip Singh vs State Of Punjab

MANISHA BATRA, J. (Oral)

The instant petition has been filed by the petitioner under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) seeking grant of anticipatory bail in case arising out of FIR No.175 dated 21.08.2026 registered under Sections 61(2), 316(4), 316(5), 318(4), 336(2), 336(3), 338, 340(2) and 238 of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) at Police Station Kartarpur, District Jalandhar Rural.

The aforementioned FIR has been registered on the basis of a written complaint submitted by the victims/complainants-Baldev Singh, Kulwinder Kaur, Manjit Kaur, all members of Naugajja Co-operative Agricultural Multipurpose Service Society Ltd., Naugajja Tehsil and District Jalandhar (for short ‘Society’), alleging that they had been members of the society for the last many years. They had been taking fertilizers, medicines and essential commodities from the Society against their maximum credit limit and held shares in the society as per its rules and regulations. They had been depositing money with the Society along with other members. The Society used to issue fixed deposit receipts in lieu thereof. Passbooks of the saving bank accounts opened in their names had also been issued. The victim Baldev Singh was having FDRs amounting to approximately Rs.27 lakhs with the society, whereas victim Kuldeep Kaur was having FDRs amounting to approximately Rs.31 lakhs and victim Manjit Kaur had deposited a sum of Rs.18 lakhs in the form of FDRs. These FDRs had been matured but the amount thereof was not released in favour of the victims/complainants as well as other members of the Society and the petitioner alongwith Vice President, Secretary and some salesmen, in connivance with the committee members of the society and officials of the Cooperative Department, had criminally misappropriated the said amounts. It was also alleged that the record of the Society had been burnt by them to conceal their misdeeds. By alleging that an amount of Rs.2,76,40,713/- had been embezzled by the petitioner, who was the President of the society, along with others, request was made for taking action in the matter.

After registration of the FIR, investigation proceedings have been initiated and are underway. Apprehending his arrest, the petitioner moved an application for grant of anticipatory bail, which was dismissed by the Court of learned Additional Sessions Judge, Jalandhar, vide order dated 30.09.2026.

It is argued by learned Senior counsel for the petitioner that has been falsely implicated in this case. He is a 73-year-old person who is illiterate. He was elected as President of the Society in the year 2023. No specific overt act has been attributed to him. The allegations primarily concern the acts of co-accused Ranjeet Singh, Secretary, and Kuldeep Kumar, Salesman of the Society, who were responsible for carrying out the financial transactions of the Society. All the financial transactions, including issuance of FDRs, receipts of deposits, advancement of loan, and operation of the accounts were in fact carried out by Ranjeet Singh and Kuldeep Kumar, co-accused. Even the keys of the office of the Society and relevant banking arrangements remained under their control. The petitioner was not the authorized signatory of the bank account of the Society. No FDR or deposit receipt had been signed by him. He did not advance any loan. His mere designation as President by itself does not establish his participation in the alleged financial irregularities. He himself is one of the members and depositors in the Society and had invested a sum of Rs.20 lakhs on behalf of his family members as well as himself. The FDRs pertaining to his family members and him are also not traceable. The allegations do not make out any case for commission of subject offences against him. Even as per the interim inspection report prepared by the Enquiry Officer, the involvement of co-accused Ranjeet Singh and Kuldeep Kumar has been revealed and not of the petitioner.

It is further argued that the petitioner was never entrusted with any money in connection with the disputed transactions which were carried out by the co-accused. He is ready to join investigation. His custodial interrogation is not required. No recovery is to be effected from him. It is, therefore, argued that the petition deserves to be allowed.

Per contra, learned State counsel, assisted by learned counsel for the complainant and while relying upon the status report/reply filed by them, has vehemently argued that the allegations against the petitioner are serious in nature. During the period from December 2020 till August 2026, an amount of Rs.10 crores was received from several members of the Society by the petitioner and co-accused. They issued FDRs, renewed FDRs, recurring deposit slips, etc., in favour of the members. The co-accused in connivance with the petitioner induced the other members to deposit that amount by making them believe that the same were deposited in the bank account of the Society. However, those amounts have been embezzled. Investigation conducted so far has revealed that an amount of Rs.6,33,90,567/- deposited by as many as 41 members of the Society has been criminally misappropriated. The petitioner, being President, was exercising control and supervision over the affairs of the Society. He was having authority to operate the bank account of the Society and had been overall in charge and responsible for the financial affairs of the Society, as also to account for the money received from the depositors. However, a huge financial fraud has been committed by him in connivance with the co-accused. The petitioner as well as co-accused have converted this amount for their own gain. The petitioner had purchased 47 Kanals 12 Marlas of land in Village Bhatti in the name of his family members. After registration of the FIR, he has transferred 16 Kanals 9 Marlas of land owned by him in a clandestine manner in favour of his son. Even after expiry of his tenure as President on 31st December, 2025, he had illegally transferred an amount of Rs. 20 lakhs from the bank account of the Society into the account of the co-accused Ranjeet Singh, Kuldeep Singh, and Gurdev Kaur to cause loss to the depositors of the Society, including the complainant. Forged and fabricated documents have been prepared by the petitioner and co-accused. The anticipatory bail petition of co-accused Ranjeet Singh stands dismissed by this Court on 02.11.2026. For conducting proper and thorough investigation in the matter, custodial interrogation of the petitioner is must. With these broad submissions, it is urged that the petition does not deserve to be allowed.

This Court has heard the rival submissions made by learned counsel for the parties.

The petitioner, along with the co-accused, is alleged to have embezzled a huge amount of money belonging to the members of the society. For the purpose of conducting a thorough investigation in the matter, custodial interrogation of the petitioner is required. In case the same is denied to the investigating agency, it will leave many glaring loopholes and gaps adversely affecting the investigation. The court is also required to see that an order of anticipatory bail does not operate as inroad in the normal legal procedure of criminal cases by the trial Court. It is well settled proposition of law that powers for grant of anticipatory bail are to be exercised in exceptional and extraordinary circumstances. However, in the circumstances peculiar to this case, no such exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this Court is existing. As such, this Court is of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed.

It is made clear that the observations made hereinabove are only for the purpose of deciding the present petition and the same shall not be construed as an expression of opinion on the merits of the case.

Since the main petition has been disposed of, pending application, if any, is rendered infructuous.