HC grants bail to kin of prime accused in PACL fraud case

The Punjab and Haryana High Court has granted bail to Avtar Singh in the PACL land disposal case, while asserting that “pre-trial incarceration should not be a replica of the post-conviction sentencing”.

Justice Anoop Chitkara’s Bench was informed that the petitioner was the brother-in-law of main accused Nirmal Singh Bhangu, who appointed him director of 43 companies. The properties purchased in the names of these companies were allegedly sold in violation of the Supreme Court’s restraint order.

Opposing the bail plea, the state said, “It is one of the India’s biggest frauds till date and the main accused has expired. The dream of thousands of people were shattered because of the accused in the present case, who took money by promising them of their dream homes.”

Justice Chitkara in his order took note of the fact that an FIR in the matter was registered for criminal breach of trust, cheating and other offences, on July 16, 2020, at the Zira (City) police station in Ferozepur.

Referring to the arguments, Justice Chitkara asserted, “On the face of it, petitioner was directly involved in the commission of offence and he is not entitled to bail on merits. However, as per custody certificate dated April 8, the petitioner’s custody is one year, six months and 10 days.”

Justice Chitkara added there was sufficient prima facie evidence connecting the petitioner with the alleged crime. But pre-trial incarceration should not be a replica of post-conviction sentencing. Moreover, the petitioner had declared all his assets and handed over the original affidavit to the state counsel.