Single judge dismissed a bail petition under Section 439 Cr.P.C. due to the gravity of offences, nature of criminal conspiracy, and risk of tampering with evidence in a cheating case where parties were absconding.
Petitioner's bail application under Section 439 Cr.P.C. was dismissed finding no merit.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-36310 of 2016
Date of decision:16.11.2016
Mahender Singh
...Petitioner
v.
State of Haryana
...Respondent
Coram: Hon'ble Mr. Justice Inderjit Singh
.....
Present: Mr. S.K. Garg Narwana, Senior Advocate with Mr. Ram Singh Chaudhary, Advocate for the petitioner.
Mr. Vikramjit Singh, Additional Advocate General, Haryana for the respondent-State.
Mr. Deepender Singh, Advocate for the complainant.
Inderjit Singh, J.
The petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.449 dated 25.7.2016 registered for the offences under Sections 420, 406, 506 and 120-B IPC at Police Station City Palwal, District Palwal.
Notice of motion was issued in this case.
Mr. Vikramjit Singh, learned Additional Advocate General,
Haryana has put in appearance on behalf of the respondent-State and Mr. Deepender Singh, learned Advocate has appeared for the complainant and
Harpal Singh Parmar 2016.11.18 17:01 I attest to the accuracy and authenticity of this document Chandigarh
Cr. Misc. No.M-36310 of 2016
[2]
contested this petition.
I have heard learned senior counsel for the petitioner as well as learned Additional Advocate General, Haryana, appearing for the respondent-State and learned counsel for the complainant and have gone through the record.
From the record, I find that as per the FIR, the complainant Dinesh Singh, Mahabir, Tejpal, Bhupinder, Om Parkash etc. on different occasions, on the pretext of giving double the money and on the pretext of making Group Society, had given an amount of approximately Five Crores to accused Rambir and his relatives. These accused do not have any registered firm and this fact had been kept concealed from the complainant and other persons. These persons had absconded after taking about 40-50 Crores rupees from the people of Palwal City. They have come to know from sources that the accused/petitioner purchased plot, house, petrol pump, jewellery in the name of his sister, brother-in-law (Jija), brothers and other relatives, with the cheated money and they have bank balance etc. The present petitioner is named in the FIR and the learned State counsel argued that the petitioner was with the main accused Mahabir, who is his younger brother, who also threatened the complainant etc. to kill if the money was demanded. Challan has already been presented. The charges have been framed but no evidence has been recorded as yet.
Keeping in view the nature and gravity of the offences and the fact that there is every chance of tampering with the evidence if the petitioner is released on bail.
Harpal Singh Parmar 2016.11.18 17:01 I attest to the accuracy and authenticity of this document Chandigarh
Cr. Misc. No.M-36310 of 2016
[3]
Therefore, at this stage, I do not find any ground to release the petitioner on bail. Hence, finding no merit in this petition, the same is dismissed.
November 16, 2016. (Inderjit Singh) Judge hsp NOTE: Whether speaking/reasoned: Yes Whether reportable: No
Harpal Singh Parmar 2016.11.18 17:01 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether the petitioner is granted bail under Section 439 Cr.P.C. in offences involving cheque, cheating and criminal conspiracy.
1 provisions across 1 enactments
Mahender Singh
State of Haryana
Inderjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
