Petitioner, nominated on co-accused's disclosure statement in a cyber fraud FIR alleging a gang duped a doctor of Rs.49 lakhs via fake police/CBI calls and forged arrest warrant, sought regular bail. The court found prima facie involvement and denied bail.
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CRM-M-36656-2024
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.36656 of 2024 Reserved on: 13.08.2024 Pronounced on: 30.08.2024
Sukhdeep Singh
...Petitioner
Versus
State of Punjab
…Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Luvinder Sofat, Advocate for the petitioner.
Mr. Akshay Kumar, AAG, Punjab.
Mr. Naveen Batra, Advocate
for the complainant.
ANOOP CHITKARA, J.
| FIR No. | Dated | Police Station | Sections |
|---|---|---|---|
| 67 | 22.04.2024 | Garhshankar, | 419, 420 IPC, 66(C), 66(D) of |
| District Hoshiarpur | Information Technology Act, | ||
| 2000 (Sections 465, 467 and | |||
| 471 IPC,1860 added later on) |
| Sr. No. | FIR No. | Date | Offenses | Police Station |
|---|---|---|---|---|
| 1. | 20 | 20.04.2024 | Under Sections 419, 420 | Cyber Crime District |
| and 406 IPC | Ambala |
However, as per para 7 of reply dated 12.08.2024, petitioner has clean antecedents.
under:
“2. That present FIR No.67, dated 22.04.2024, U/s 419, 420 IPC and U/s 66(C) & 66(D) of the Information Technology Act, 2000 (Sections 465, 467, 471 IPC were
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added later on vide DDR No.21, dated 15.06.2024), Police Station Garhshankar. District Hoshiarpur was registered on the statement of Dr. Raghbir Singh working in Punjab State Health Department as Senior Medical officer at PHC Possi, Tehsil Garhshankar, District Hoshiarpur. That on 19.04.2024 at about 1:39 PM, Dr. Raghbir Singh received a telephonic call from mobile No.92326-72445 and the person calling from said mobile number claimed himself to be Custom Officer working at IGI Airport, New Delhi and stated that there is parcel under investigation and the said parcel is booked under name of Dr. Raghbir Singh and his Aadhar Card is attached with the same. He further stated that in the said parcel there are 16 passports, 56/57 ATM cards and some quantity of drugs and for this illegal act, case has been registered against him in Basant Kunj Police Station, New Delhi. Later he transferred the call to Sunil Kumar who declared him as Head Constable of Basant Kunj Police Station, New Delhi Mobile No.8469963836 and he stated that a criminal case has been registered against Dr. Raghbir Singh in Basant Kunj Police Station, New Delhi under the relevant provisions Money Laundering Act & Human Trafficking Act and further the matter is pending before CBI for investigation and the same is under the investigation of Anil Yadav, Chief Investigator of CBI (Name & designation as disclosed by him). Mobile No.79970-87395. All of them made What's App calls and threaten Dr. Raghbir Singh that the matter is pending before them and arrest warrants of complainant have been issued by the court and the Dr. Raghbir Singh/complainant will be got arrested son in non-bailable offences. Then, they convince Dr. Raghbir Singh to disclose the last four digits of his entire bank accounts and then, Dr. Raghbir Singh was in utter shock & surprise within some time disclosed the last four digits of his all accounts. Later on they further stated that the entire property will be seized by CBI department and he will be arrested soon, but, if the Dr. Raghbir Singh transfers his all moveable assets Iving in his bank accounts in that case his arrest could be delayed for sometime and the money lying the accounts will be refunded back alongwith interest after the closure of investigation. Thereafter, they provided Dr. Raghbir Singh Accounts No.2647005500000023 of Punjab National Bank, Branch Japla (IFSC Code PUNB0264700) and 00000042689753719 of State Bank of India, Branch Fatehabad (IFSC Code SBIN0001156) and claimed that the said accounts are associated with Reserve Bank of India and payment can be made in these accounts. Dr. Raghbir Singh was not feeling well and he was out of his mind for believing the version of the accused made the transaction of Rs.49,00,000/-, the details of which is hereunder: 1) Payment of Rs.35,00,000/- debited from the account No.50100323263040 of HDFC Bank Ltd., VPO Moranwali. Tehsil Garhshankar. District Hoshiarpur, Punjab-144527, through RTGS vide cheque No.000033. dated 20.04.2024, bearing UTR No.HDFCR52024042099933647, in favour of account No.2647005500000023 of Punjab National Bank, Branch Japla (IFSC Code PUNB0264700), Payment of Rs.2,00,000/- debited from the account No.65120100007583 of Bank of Baroda, Branch Garhshankar, Tehsil Garhshankar, District Hoshiarpur, Punjab, through NEFT dated 20.04.2024 bearing UTR No.BARBZ24111566315, in favour 0000002689753719 of State Bank of India Branch Fatehabad (IFSC Code SBIN0001156), 3) Payment of Rs. 12,00,000/- debited from the account No.50100323263040 of HDFC Bank Ltd.. VPO Moranwali. Tehsil Garhshankar, District Hoshiarpur, Punjab-144527, through RTGS vide cheque No.000034, dated 20.04.2024, bearing UTR
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No.HDFCR52024042050090921, in favour of account No.2647005500000023 of Punjab National Bank. Branch Japla (IFSC Code No.PUNB0264700), Dr. Raghbir Singh made the abovesaid payments keeping in view that the same are made in the accounts of RBI, New Delhi, but, later in the evening on the same day, when Dr. Raghbir Singh discussed with matter with family, then, came to know that the above mentioned scammers hatched a criminal conspiracy against Dr. Raghbir Singh/ complainant and they have deceived Dr. Raghbir Singh. The scammers fraudulently & dishonestly induced Dr. Raghbir Singh to transfer the abovesaid amount in the said accounts intentionally and have caused financial & more damaged to Dr. Raghbir Singh.”
“3. That during the investigation of present FIR, the fact has come into light that present petitioner is part of a gang, which was operating to defraud the people. The complainant was even sent forged arrest warrant and said seizure order which was allegedly issued by Court of Ld. JMIC, Delhi and name of complainant and Adhaar Card Number of the complainant was mentioned and seal of the Court was also affixed in forged & fabricated seizure order and on the basis of said forged & fabricated documents forced complainant to - Ram Nath Roy and thus, complainant was duped by amount of Rs.49 Lakhs. ransfer an amount of Rs.49 Lakhs in order to save himself said amount of Rs.49 Lakhs was transferred in following manner into bank accounts provided by accused gang:-
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| SR. NO. | AMOUNT TRANSFE COMPLAINANT ACCOUNT NO. |
R BY FROM |
AMOUNT TRANSFER TO ACCOUNT NO. PROVIDED BY GANG OF PETITIONER |
|---|---|---|---|
| 1. | Rs.35 Lakhs debite Account of complainant No.50100323263040 Bank Ltd., RTGS vide No 20.04.2024 cheque 20.04.2024 |
d from bearing HDFC .000033. dated |
Account No. 2647005500000023 of Punjab through National Bank. Branch Japla dated (IFSC Code PUNB0264700) |
| 2. | Rs.12 Lakhs debited ac complainant bearin 65120100007583 of Baroda, Branch Garh (Hoshiarpur) Punjab, NEFT dated 20.04.2024 |
count of g No. Bank of shankar. through |
Account No.00000042689753719 State of India. Branch Fatehabad (IFSC Code SBIN0001156) |
| 3. | Rs.2 Lakhs debited from of complainant No.50100323263040 o Bank Ltd., VPO M Tehsil Garhshankar, (Ho through RTGS vide No.000034, dated 20.04 |
Account bearing f HDFC oranwali. shiarpur) cheque .2024 |
Account No.2647005500000023 of Punjab National Bank, Branch Japla (IFSC Code No.PUNB0264700) |
4. ROLE OF THE PETITIONER : That the accused Mohit Mawal @ Mohit Muwal was nominated in the present case on the basis of confession statement of accused Dhruv Mahajan. The petitioner was nominated in the present case on the basi of confession statement of accused Mohit Mawal @Mohit Muwal. The accused Mohit Mawal @ Mohit Muwal got transferred Rs.5,00,000/- through RTGS in the account No.50100496706345 of accused Dhruv Mahajan. The accused Mohit Mawal @ Mohit Muwal got available account of his elder brother Sahil and his other friend Mahip and the petitioner got transferred Rs.20/22 Lacs in the said accounts and accused Mohit Mawal @ Mohit Muwal transferred said amount into the account disclosed by the petitioner and it was asked by the petitioner to the persons of whom account numbers were used for getting transferred money to keep Rs.5000/- each out of the amount transferred into their account. Rs.7,04,000/-was recovered from the accused Mohit Mawal Mohit Muwal and the petitioner is active member of gang involved in duping citizens through online fraud.”
in the system that the Executive has put in place. Further, the lack of enforcement and absence of meritocracy boldened the petitioner and the gang members to dupe the simple and gullible people.
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likely prejudice the petitioner; this court refrains from doing so.
(ANOOP CHITKARA) JUDGE
30.08.2024 Sonia Puri Whether speaking/reasoned: Yes Whether reportable: No.
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1 issue framed by the court
Whether the accused in a cyber fraud case involving Rs.49 lakhs cheated from a doctor was entitled to regular bail.
5 provisions across 3 enactments
Sukhdeep Singh
State of Punjab
Anoop Chitkara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
