Petitioner sought anticipatory bail in an FIR for cheating. The Court accepted the petition and made interim bail directions absolute, noting the petitioner had already joined the investigation and was not required for custodial interrogation.
Interim bail directions of 22.4.2024 made absolute subject to conditions of Section 438(2) Cr.P.C.
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.
In the High Court for the States of Punjab and Haryana At Chandigarh
CRM-M-19516-2024 (O&M) Date of Decision:-22.10.2024
Gurikbal Singh … Petitioner
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:Mr. Barjinder Singh, Advocate for the petitioner.
Mr. Prabhdeep Singh Dhaliwal, AAG, Punjab.
| FIR No. | Dated | Police Station | Under Section/s |
|---|---|---|---|
| 85 | 29.06.2023 | Sadar Sangrur, District Sangrur |
420 of IPC |
GURVINDER SINGH GILL, J .(Oral)
“The petitioner seeks grant of anticipatory bail in respect of a case registered against him vide FIR No. 85, dated 29.06.2023, Police Station Sadar Sangrur, District Sangrur, under Section 420 IPC.
The complainant alleges that on 26.5.2022 when he was in need of some financial help, he spoke to his friend Mukesh Kumar, who further told him that his friend Anil Kumar could help him. Anil
GEETA RANI 2024.10.22 17:52 I attest to the accuracy and authenticity of this document
CRM-M-19516-2024 (O&M)
( 2 )
Kumar contacted the complainant telephonically and initially got a transaction effected from the credit card of the complainant for an amount of Rs.50,000/ and later transferred an amount of Rs.51,500/to the bank account of the complainant and further represented that in case, the complainant is again in need of some amount or if any of his friend requires any amount, he could help them in a similar manner. The complainant alleged that later he got effected another online transaction from his credit card for an amount of Rs.50,000/-. The complainant alleged that he told about the said scheme to his friend Harwinder and passed on Harvinder’s credit card number to Anil Kumar, who effected a transaction of Rs.48,666/- from the said credit card of Harwinder and another transaction of Rs.48,564/from another credit card of Harwinder. Similarly, Anil Kumar effected a transaction of Rs.29,772/- from the credit card of another friend of complainant i.e. Taranjit Singh while representing that he will be transferring the amount in their account by even. However, no such amount was credited into the accounts of the complainant as well as to his friends.
Learned counsel submits that he is nowhere named in the FIR and has been nominated as an accused on the premises that some amount was transferred by Anil Kumar into the account of the petitioner. It has been submitted that a mere transfer of some amount in the account of the petitioner without there being any overt act on his part is not sufficient to connect him with the alleged fraud.
Notice of motion for 15.10.2024.
Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.”
GEETA RANI 2024.10.22 17:52 I attest to the accuracy and authenticity of this document
CRM-M-19516-2024 (O&M) ( 3 )
| 22.10.2024 geeta |
( Gur | vinder Singh Gill ) Judge |
|
|---|---|---|---|
| Whether speaking /reasoned | Yes / No | ||
| Whether Reportable | Yes / No |
GEETA RANI 2024.10.22 17:52 I attest to the accuracy and authenticity of this document
1 issue framed by the court
Whether the petitioner's nomination in the FIR based on receipt of money transferred by a third party warrants refusal of anticipatory bail?
2 provisions across 2 enactments
Gurikbal Singh
State of Punjab
Gurvinder Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
