Petitioner filed a petition for anticipatory bail in a cheating case. The High Court found serious allegations that multiple persons were cheated of hard-earned money by the petitioner and co-accused. The Court held that grounds for bail were not made out as the petitioner might require custodial interrogation. The petition was dismissed.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M- 36478 of 2010 (O&M) Date of decision: 14.12.2010
Sanjiv Kumar
......Petitioner
Versus
State of Haryana
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Karan Singh, Advocate, for the petitioner. ****
SABINA, J.
This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 199 dated 27.9.2010 under Sections 420, 467, 468, 471 of the Indian Penal Code, registered at Police Station Mulana, District Ambala.
The contents of the FIR, as reproduced in para 1 of the petition, read as under:-
“ To, SP Ambala. Subject: to recover the money of the petitioner and money of other peoples given to the accused by the applicant and to protect the life and property of the petitioner and his family. Respected Sir, It is prayed that I Rameshwar Dass son of Dayala Ram is resident of village Jafarpur, Tehsil Mulana District Ambala, I am about years old and belong to Schedule Caste (Chamar) I prayed as under: 1. That I work in a small company as a salesman and being a
Criminal Misc. No.M- 36478 of 2010 (O&M) -2-
salesman I came in interaction with many persons, but the salary of salesman was very low and I study upto metric and was interested in Govt. job, I was in search of Govt. job and mean the time I met with one Phool Chand, who is resident of village Manori, district Allahabad he assured me to get a govt. job, I also met with Rajbir uncle of Phool Chand, how is agent at Delhi and resides at village Divoda. Phool Chand assured me for a direct job in railway and I gave Rs.3 lacs to Phool Chand for getting job, I also gave Rs.5.50 lacs of my friend Sanjiv Kumar and Rs.3,70,000/- of my friend Dharamvir Nagra total Rs.12,20,000/- to Phool Chand and Phool Chand gave us appointment letter and medical letter of job, which made me very happy and my other friends were also very happy, I told to my friend Suresh at Ambala about my permanent govt. job and also to Dr. Satish, Manjit Singh Nasdoli and also to Pritpal Singh as being a salesman, I meet these people daily I also told to them that I have given money for this job. On this my above said friends also told that we are also ready to money if you talk to get a job for our relatives also. When I asked Phool Chand about this he told me that I can arrange for letters to everyone who wants to get a job, but they have to give money in advance. I asked my all friends to give money
Criminal Misc. No.M- 36478 of 2010 (O&M) -3and the certificates. Sukhwinder Singh gave Rs.6,90,000/- for two members, Suresh Kumar gave Rs.34 lacs and all the documents of seven members and I gave all this money to Phool Chand. Manjit Singh also gave Rs.25,50,000/- and documents of his five members and I gave this money to Phool Chand. Dr. Satish gave Rs.6 lacs to me of his one member and Pritpal Singh Sadora gave Rs.7 lacs of his five members to me and this whole amount came to Rs.1,01,60,000/- and I gave all this money to Phool Chand and Phool Chand gave appointment letter of all these persons and I handed over the same to all of them and gave them time to join the duty as told to me by Phool Chand. That all above said members were given letter for training for 21.3.2010 and after this the date was change to be 4.4.2010, I asked him to gave this letter through post office, but Phool Chand said that this is given only by hand. They were called on 4.4.2010 for training at Dhanbad (Jharkhand), but no one was allowed to enter there and all the them were to come back at their own cost. That after this another letter for 23.4.2010 was issued that the training of every person will be in his own job and transfer letter was also given by hand to me and I gave this to all members on this date also no one was allowed to enter. On this
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they were assured to come after 2-4 days orally. That the persons whose money was given through me, they are not threatening me and my family. That the quarrel and threats of these persons are right as, I have been cheated. I was in greed of job and because of this only, my money and the money of the peoples is in bad hands and this is my big mistake due to greediness and I admit so. I do not want that my money of or money of any person may not came back. I tried to talk these persons on phone many times, but now the phone is switched off I am so tensed. That I am a poor man and my father get me educated by doing labour work that I tried to complete the dream of my father of doing a good job and to support him at old age, but I was cheated I do not have any property from which I can repay the money of persons. The persons who have given money to me are demanding their money daily and threatened to kill me and my family. Because of this it has become difficult for me to come back from the house, I tensed mentally. It is therefore, requested that my letter may be considered and justice may be done. The money given by the applicant to the Phool Chand may be returned back by taking legal action against Phool Chand and me and my family may be protected. Thanking you. Dated
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10.5.2010. The copies of letters given by Phool Chand (transfer letter, Medical letter) are enclosed. Sd/applicant Rameshwar son of Dayala Ram, resident of village Jafarpur, Tehsil Mulana, District Ambala.”
Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case. In fact, the petitioner himself is a victim and had given money to accused Rameshwar Dass, who had further given the same to Phool Chand.
After hearing learned counsel for the petitioner, I am of the opinion that no ground for grant of anticipatory bail to the petitioner is made out.
The allegations levelled against the petitioner are serious in nature. Several persons have been cheated of their hard earned money on the assurance that they would be provided Government job by the petitioner and his co-accused. The petitioner might be required for custodial interrogation
Accordingly, this petition is dismissed.
(SABINA) JUDGE
December 14, 2010 anita
2 issues framed by the court
Whether anticipatory bail should be granted in case of sections 420, 467, 468, 471 IPC given the serious allegations of cheating multiple persons.
Whether the petitioner is a victim falsely involved or an active participant requiring custodial interrogation.
1 provisions across 1 enactments
Sanjiv Kumar
State of Haryana
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
