Allowed

Kulwant Singh v. State of Hp

Himachal Pradesh HC15 Jul 2013CRMPM/11015/2013

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh granted pre-arrest bail to petitioners facing charges of cheating and criminal conspiracy. The court allowed the application modifying a prior interim order, subject to specific conditions including participation in investigation.

What did the court decide?

Petitioners enlarged on bail by executing bonds in the sum of ` 50,000/- each with one surety, subject to conditions of joining investigation and not influencing witnesses.

Kulwant Singh Vs State of Hp — Cheating and Forgery | Himachal Pradesh HC (2013)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MP(M) No. 11015/2013 Decided on : 15.7.2013

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_________________________________________________ Kulwant Singh & others …..Petitioners

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Versus

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State of Himachal Pradesh ….Respondent

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Coram:

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The Hon’ble Mr. Justice Surinder Singh, Judge.

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Whether approved for reporting?¹

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For the petitioners : Mr. N.K. Thakur, Senior Advocate with Mr. Surender Kumar, Advocate. For the respondent : Mr. Virender Kumar Verma, Additional Advocate General with Mr. Ramesh Thakur, Assistant Advocate General. ASI Man Chand, Police Station Amb, Distt. Una in person.

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Surinder Singh, Judge (Oral)

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The petitioners apprehend their arrest in FIR No. 211/2012, dated 12.12.2012, registered in Police Station Amb, under Sections 420, 467, 468, 471

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1Whether reporters of Local Papers may be allowed to see the judgment?

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read with Section 120-B of the Indian Penal Code. As such, the present application under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail has been moved.

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Heard and gone through the report filed by the police on the last date of hearing.

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Petitioner No. 2 claims herself to have blessed with spiritual powers. She and other petitioners were regular visitors of ‘Baba Badbhag Singh Ji” in village Chak, Police Station and Tehsil Amb, District Una (HP). They came in contact with complainant Shri Kishan Dev, whose son Shri Sovin Kumar was an unemployed youth. The complainant party and the petitioners herein developed intimacy. It is alleged that the petitioners assured the complainant party that they can get employed said Shri Sovin Kumar in clerical staff of merchant navy. For that, he was to undergo six months training at Goa. The petitioners demanded ` 1.00 lac for this, which was paid by the complainant. Sovin Kumar underwent training in NUSI Academy at Goa for six months and got certificate on 25.6.2011. To his

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surprise, it was certificate for waiter and catering and not for the clerical staff. The complainant party approached the petitioners. They assured that the said institute will issue requisite certificate for clerical training within few months and get Sovin Kumar employed in a ship of English Company and he shall earn 1.00 per month as a salary. For that purpose, the petitioners had received an amount of 5,50,000/- from complainant Kishan Dev to meet the expenses in the name of one Shri Irfan Singh Squizi. Later on, when the complainant party made inquiry about any connection of the petitioners with the aforesaid Merchant Navy/company, it came to their notice that the petitioners have no link or concern with them and they felt cheated. It is alleged that the petitioners had induced the complainant to deliver the aforesaid amount of 5,50,000/- + 1,00,000/- causing undue loss to them.

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On registration of the FIR, the investigation started. The police came to know that only the amount of ` 90,000/- was paid to the trainer institute to get CCMC certificate. As per the receipts

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produced by the complainant party pertaining to Union Bank and ICICI Bank, the amount of 3,47,000/- was found having been deposited in the account of petitioner No. 1 Kulwant Singh and some amount in the account of petitioner No. 2 Sarbjit Kaur w.e.f. 2009 to 2011. Whereas, the diploma was obtained from the training institute by Sovin Kumar in the year 2011. Petitioner No. 1 Kulwant Singh is stated to have disclosed that the amount of 3,47,000/was advanced for purchasing four shops from Kishan Dev, but because of some problem, the registry could not be got executed.

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The Investigating Officer ASI Maan Chand, Police Station, Amb is stated to have visited Mumbai to verify the address of the petitioners. According to him, the address given in the petition qua the petitioners is correct. He also obtained the revenue record with respect to the building of the petitioners, where the petitioners have been residing, alongwith bills of the electricity and tax receipts. Further, it is also submitted that the petitioners have been joining investigation of this case.

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Without commenting upon the merits of this case, the petitioners have a case for bail. As such, the bail application is allowed and the petitioners are enlarged on bail on their entering into bonds in the sum of ` 50,000/- each with one surety in the like amount, each to the satisfaction of the arresting officer, modifying the interim order dated 13.6.2013. This bail shall be subject to the following conditions:

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1. That the petitioners shall keep on joining the investigation of this case to take it to its logical end;

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1. that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing true facts to the police/court.

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1. It is made clear that the woman accused-petitioner shall be investigated/interrogated by the police in accordance with the directions issued by the Apex Court and this Court from time to time.

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Needless to say that in case the petitioners flout any of the conditions of bail aforesaid, the liberty of bail shall be cancelled.

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Interim order dated 13.6.2013 stands

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accordingly modified.

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The application stands disposed of.

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Copy dasti.

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July 15, 2013. (hl)

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(Surinder Singh), Judge.

Kulwant Singh v. State of Hp

Case brief

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Kulwant Singh v. State of Hp

Case brief

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