The High Court dismissed bail petitions filed by Jagtar Singh and Paramjit Kaur. The Court held that pre-arrest bail is for exceptional cases and denied relief as the petitioner was a ring leader of a fraud gang where custodial interrogation was required for the investigation.
Petition for pre-arrest bail dismissed. Accused held in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM-M No. 1280 of 2018 and 1 CRM-M-9554 of 2018
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No. 1280 of 2018 DATE OF DECISION :- March 27, 2018
Jagtar Singh ...Petitioner Versus State of Punjab ...Respondent CRM-M-9554 of 2018 Paramjit Kaur ...Petitioner Versus State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE H.S. MADAAN
Present :- Mr. R.S. Gill, Advocate for Mr. P.S. Sekhon, Advocate for the petitioner in CRM-M No. 1280 of 2018.
Mr. Aminder Singh, Advocate for the petitioner in CRM-M-9554 of 2018.
Mr. Ramandeep Sandhu, Sr. DAG, Punjab. ***
My this order shall dispose of two petitions bearing Nos. CRMM-1280 of 2018 filed by petitioner Jagtar Singh and CRM-M-9554 of 2018 filed by petitioner Paramjit Kaur.
In nutshell, the facts of the case as per prosecution story are that accused Paramjit Kaur in connivance with her co-accused Jagsir Singh,
Parvinder SinghJoti wife of Jagsir Singh and Harwinder Singh had defrauded complainant 2018.04.02 16:56 I attest to the accuracy and integrity of this document Chandigarh
CRM-M No. 1280 of 2018 and 2 CRM-M-9554 of 2018
Kartar Singh for an amount of Rs.54 lacs, inasmuch as Paramjit Kaur had got married with the complainant and she has received gold ornaments and cash amount running into lacs from the complainant on the pretext that her mother was admitted in a hospital in serious condition and required surgery. Paramjit Kaur had given an assurance that she would transfer the landed property of her mother in favour of the complainant and she had asked for payment of Rs. 27 lacs as expenses for transferring of the land. The complainant paid money to Paramjit Kaur on various occasions.
F.I.R. was registered at the instance of Kartar Singh. Apprehending his arrest, Jagtar Singh had approached the Court of Sessions for grant of pre arrest bail. His petition was assigned to Additional Sessions Judge, Sangrur, who vide order dated 3.1.2018 dismissed the application, as such he has approached this Court craving for grant of similar relief which is being opposed by learned State counsel.
I have learned counsel for the petitioner(s) and learned State counsel besides going through the record.
Learned counsel for the petitioners have argued that petitioners are innocent and have nothing to do with the fraud, therefore, pre arrest bail be granted to them and petitioner Jagtar Singh has already joined the investigation.
However, learned State counsel has contended that the present petitioner Jagtar Singh is a ring leader of the gang which plays fraud with innocent persons by alluring them to perform marriage with Paramjit Kaur and then fleecing them of large amounts of money.
Accused Jagtar Singh is involved in two similar cases i.e. F.I.R. No. 139 dated 11.12.2017 under Sections 420, 506, 120B IPC registered Parvinder Singh 2018.04.02 16:56 I attest to the accuracy and integrity of this document Chandigarh
CRM-M No. 1280 of 2018 and 3 CRM-M-9554 of 2018
with Police Station Longowal and F.I.R. No. 120 dated 6.12.2017 under Sections 420, 506, 120B IPC registered with Police Station Sadar Sangrur.
Accused Paramjit Kaur was arrested on 15.12.2017. She is in custody. She has played fraud with several persons and she is shown to be involved in two more cases of similar nature i.e. F.I.R. No. 139 dated 11.12.2017 under Sections 420, 506, 120B IPC registered with Police Station Longowal and F.I.R. No. 86 dated 30.11.2012 under Section 420 IPC registered with Police Station Maqboolpura, District Amritsar.
After hearing the rival contentions, I find that petitioner Jagtar Singh is not entitled to pre arrest bail. Pre arrest bail is to be granted in exceptional cases and not in routine. This relief is meant to save innocent people from inconvenience and harassment and not to shield the guilty persons from custodial interrogation.
Though it is contended by learned counsel for petitioner Jagtar Singh that he had been employed as a driver by Paramjit Kaur for her Car. But as it has transpired during the investigation, as informed by the State counsel that he is the leader of the gang and Paramjit Kaur has defrauded various persons by getting married with them and taking away large sums of money from them. Jagtar Singh is stated to be actively involved in all those cases. One more F.I.R. of similar nature is said to have been registered against him. His custodial interrogation is found to be necessary for complete and effected investigation, if the same is denied to the investigation agency that would leave many loose ends which is uncalled for. The apprehension expressed by the State counsel that there is reasonable chances of accused Paramjit Kaur absconding and trying to tamper with the prosecution evidence, if released on regular bail, cannot be Parvinder Singh 2018.04.02 16:56 I attest to the accuracy and integrity of this document Chandigarh
CRM-M No. 1280 of 2018 and CRM-M-9554 of 2018
4
brushed aside.
Therefore, finding no merit in the petitions, the same are
dismissed.
(H.S. MADAAN) JUDGE
March 27, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No
Parvinder Singh 2018.04.02 16:56 I attest to the accuracy and integrity of this document Chandigarh
3 issues framed by the court
Whether pre-arrest bail must be granted to a petitioner accused as a ring leader in a cheating gang involving multiple FIRs.
Whether custodial interrogation is necessary for the petitioner given his active role in similar fraud cases.
Whether the apprehension of tampering with evidence justifies denying pre-arrest bail.
Jagtar Singh
Paramjit Kaur
State of Punjab
H.S. Madaan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
