Criminal Misc. No.M-21515 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-21515 of 2008 Date of decision : 16.9.2008 Rajinder Bhalla .....Appellant Versus State of Punjab ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. A.P.S.Deol, Senior Advocate with Mr. Devinder Bir Singh, Advocate for the petitioner. Ms. Manjari Nehru, Deputy Advocate General, Punjab Mr. V.K.Chaudhary, Advocate for the complainant. **** S. D. ANAND, J. In the face of the prosecution allegations that the petitioner, concededly the holder of the office of General Secretary of Mandir Committee during the relevant period had embezzled Rs. 15 crore and was also a party (as an attesting witness) to the siphoning off (by means of a sale deed ) of the Mandir property by the President and that he and non-applicant accused Surinder Arjan “both forged the day book, ledger book and account book belonging to Mandir committee and they forged about Rs. 15 crore.” (Quotation from the impugned order dated 14.8.2008), the learned counsel for the petitioner argues that the prosecution is outcome of a group rivalry and the petitioner has been roped in only because be belongs Criminal Misc. No.M-21515 of 2008 -2- **** to the faction opposite to the group presently manning the management. It is also argued that a civil suit in the context of controversy is also pending in the Civil Court. In that very context, it is argued that some members of the Committee had filed Civil Writ Petition No. 16932 of 2003 ( to which Surinder Arjan aforementioned and petitioner had been impleaded as respondents No.17 and 7 respectively), for the issuance of a writ in the nature of Mandamus directing the respondents no. 1 to 3 therein to restore the possession of the Mandir Committee to the duly elected Managing Committee members i.e. respondents no. 4 to 7 therein. That writ petition was dismissed in limine by this Court on 10.3.2003 by observing that it “involved disputed questions of fact which are already pending in the civil court where the parties can ventilate their grievances and seek appropriate relief.” In response to the averments afore-mentioned, learned counsel for the complainant argues that the civil suit mentioned above has nothing to do with the allegations of embezzlement and, in that suit, Surinder Arjan plaintiff had applied for the restraint of opposite party “from interfering in any manner in the smooth functioning, management and control of Sri Durgiana Committee (Regd.) Durgiana, Amritsar being run by the plaintiff as its President.” Apart from, the allegations already noticed, the petitioner had also issued forged Bhog Bhandar Coupons. The amount collected by means thereof was not accounted for in the record. Apart therefrom, the following facts were also pointed out by the learned Criminal Misc. No.M-21515 of 2008 -3- **** counsel for the complainant:- The Toshakhana, where valueables of the Mandir including (Kisan Vikas Patras and jewellary etc.) are trained, were sealed under the orders of the Executive Authority. The petitioner and his associates broke open the lock and obtained LIC mutual funds worth Rs.10 lacs, SBI shares worth Rs. 15 lacs and also Indira Vikas Patras worth Rs.10 lacs. The LIC mutual funds, SBI shares and Indira Vikas Patras were got encashed by the petitioner and maturity proceeds thereof were not accounted for in the record. The petitioner, who was General Secretary of the Mandir Committee, also did not file any Income Tax Return during the relevant period. It is also argued that a grant of Rs. 3 lacs, received in the name of petitioner, in his capacity as General Secretary of the Mandir Committee from Rashtriya Sanskrit Sansthan had also been embezzled. It is further argued that donations worth Rs. 15 lacs have been posted in the ledger but not accounted for in the record. In the light of the facts noticed above, I do not find it to be a fit case in which petitioner may be allowed bail, particularly when investigation is underway and is yet to be concluded. Dismissed. September 16, 2008 (S. D. ANAND) Pka JUDGE