Kharbanda and Lalita v. State

1. By these petitions, the petitioners seek anticipatory bail in case FIR BAIL APPLN. 2520/2016 and conn, matters page.2of[5] No. 521/2016 under Sections 406/34 IPG registered at PS Kotla Mubarak Pur.

2. The above noted FIR was registered on the complaint of Manjeet Singh Ghugh who alleged that the office bearers of Gurudwara Sri Guru Singh Sabha, Kotla Mubarak Pur, New Delhi, namely Shri Dalip Singh Ajmani (President), Shri Pratipal Singh (Secretary), Shri Charanjeet Singh Sahota (Vice-President) and Shri Tirath Singh Parmar (cashier) have misappropriated the money of the said Gurudwara for the past so many years and have never shown the accounts of the above Gurudwara to. the Sangat. It was thus alleged that the management committee has siphoned"off lakhs ofrupees.

3. This Court had directed the State to file a detailed status report after carrying out the investigation about the amount allegedly misappropriated,and the amount which is unaccounted pursuant whereto a detailed status report has been filed.

4. Before adverting to the withdrawals and expenses frorn the account it would be appropriate to note that the petitioners herein were elected as the office bearers of Gurudwara Sri Guru Singh Sabha, Kotla Mubarak Pur on 1®^ January, 1999 and continued as office bearers till May, 2013 when in May, 2013 the coniplainant that is Manjeet Singh Ghugh and his allies were elected as office bearers. Manjeet Singh Ghugh and his allies continued holding, the offices till 14^*^ May, 2015 whereafter again the petitioners, became the office bearers. Dispute as to how the petitioners became the office bearers in May, 2015 was the subject matter of a civil suit filed by Manjeet Singh Ghugh as one ofthe plaintiffs which suit has been dismissed BAIL APPLN. 2530/2016 andconn, matters - -' ^ page 3 of[5] by the learned Civil Judge on 4"^ April, 2018 and the cornplainant and other office bearers have filed appeal against the said judgment.

5. Learned APP for the State on instruction submits that during the course of investigation, notices were issued under Section 91 Cr.P.C and relevant documents, bank, statement, etc. were collected from Punjab National Bank, Kotla Mubarak Pur. From the analysis of the bank accounts it was revealed that total withdrawal during the period from 1®^ April, 2005 to April, 2013, for which the allegations are being levelled were to the tune of ^26,60,196/-.

6. Case of the petitioners was that in May,,2013 when the complainant and his allies took over as the office bearers all the records were handed over which fact is refuted by the complainant and other members of his group. However, on scrutiny of the documents available it was revealed that proper bills for a sum of ^8,74,919/- were available besides kaccha slips for a sum of ?6,16,925/-. Further as per the calculations ?5,31,068/- was the estimated expenditure. Thus the unaccounted money during the period of April, 2005 to May, 2013 was approximately ^6,00,000/-.

7. A,perusal of the complaint reveals that the same, was given to the police authorities on 9^^ February, 2016 on which the above noted FIR was registered on 16^^ August, 2016, after Manjeet Singh Chugh and his other group members were no longer in office and disputes arose as to who would be the office bearers of the management committee and a civil suit by then had already been filed.

8. In view ofthe fact that the complaint for acco,unts from the year April, BAILAPPLN. 2530/2016 and conn, matters. ',< page 4 of:5 2005 to May, 2013 was filed only on 9^^ February, 2016 and that during the investigation accounts for approximately ?20,00,000/- have already been verified this Court deems it fit to grant anticipatory bail to the petitioners.

9. It is, therefore, directed that in the event of arrest the petitioners be, released on bail on their furnishing a personal bond in the sum of ^25,000/each with one surety each of the like amount, subject to the satisfaction of the Arresting Officer/SHO concerned, further subject to the condition that the petitioners will join the investigation as and when directed by the Investigating Officer and in case of change of residential address the same will be intimated to the Court concerned by way of an affidavit.

10. Petitions are disposed of

11. Order dasti. MAY 10, 2018 'yo' MUKTA GUPTA, J. BAILAPPLN. 2530/2016 and conn, matters page 5 of[5]