- (1.) Baba Tek Singh, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 308 dated 24.9.2011 at Police Station City Barnala, District Barnala for an offence punishable under sections 406, 408, 409, 420, 467, 468, 471 read with section 120-B of Indian Penal Code.
(2.) The complaint in this case originated from Gurdwara Parbadhak Committee, Teja Singh Samundri Hall, Sri Amritsar and it is against the petitioner as also accused Avtar Singh Makkar, suspended Manager of Gurdwara Baba Gandha Singh Ji, Barnala and Major Singh, driver-cum-incharge of agriculture of the Gurdwara. The allegations in the FIR are that Gurdwara Baba Gandha Singh Ji, Barnala is a scheduled Gurdwara under the Sikh Gurdwaras Act, 1925 and as per section 25 of the said Act, Shiromani Gurdwara Prabandhak Committee (SGPC) is the managing committee of this Gurdwara. In a meeting of SGPC, the accused persons failed to come present. Some shopkeepers, however, came present and made statements regarding irregularities and embezzlements of funds of Gurdwara Sahib by and at the behest of the petitioner and Avtar Singh. The first point that came to the notice of the Committee was that plot No. 56 was rented out by Gurdwara Sahib to Jarnail Singh at an yearly rent of Rs. 1.00 lakh. Avtar Singh, at the behest of the petitioner and without the approval of the Committee, got constructed a building of the bank on the land of Gurdwara Sahib and caused pecuniary loss to the Gurdwara. The said property was let out to State Bank of India at a monthly rent of Rs.50,000/-. State Bank of India constructed the building and started functioning there from 30.6.2009.
(3.) The income generated from this land was mis-appropriated by Jarnail Singh and Avtar Singh in connivance with the petitioner. A plot measuring 100x135 sq. yards was given on an yearly rent of Rs. 93,000/- to Jaswant Singh. It was sublet to Jasmail Singh. Avtar Singh in connivance with Jasmail Singh raised construction over this plot and they are earning Rs. 2,76,000/- per annum, whereas a sum of Rs. 1,23,000/- alone is deposited with Gurdwara Sahib. Avtar Singh in order to extend benefit to a colonizer gave a passage measuring 25x107 feet from the land of the Gurdwara Sahib against payment of Rs. 6.00 lakhs but earned crores of rupees from the colonizer. Avtar Singh had also sold a submersible motor of 10 horsepower and pipes of the agriculture farm of the Gurdwara Sahib to some private persons. He also received salary of Gurmukh Singh alias Gurnam Singh claiming him to be an employee of the Gurdwara Sahib who was in jail at the relevant time. He also received salary in a sum of Rs.1,88,467/- in the name of his relative claiming him to be employed with Gurdwara Sahib, Nabha Gate, Patiala, which was associated with Gurdwara Baba Gandha Singh Ji. Other properties of the Gurdwara Sahib had also been dealt with in similar manner in order to generate income out of which most of the amount was taken by Avtar Singh in connivance with the petitioner. In this way, it is claimed that the petitioner with the help of Avtar Singh, had caused loss to the Gurdwara Sahib in a very huge amount.;