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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR, J.
Dharmendra Panwar, S/o. Shri Kuny Singh - Petitioner
Versus
State Of Rajasthan, Through PP - Respondent
S.B. Criminal Miscellaneous Bail Application No. 2877 Of 2023 Connected With S.B. Criminal Miscellaneous Bail Application No. 2058 Of 2023
Decided On : 10-08-2023
Indian Penal Code, 1860 - Sections 420, 406, 467, 468, 120B - Criminal Procedure Code, 1973 - Section 439 - Offence of Cheating, Criminal breach of trust - Forgery for purpose of cheating - Supervision of Rajasthan Renewal Energy Corporation Limited - Held, Court in order to secure ends of justice and prevent abuse of process of law deems it just and proper to exercise inherent powers under Section 482 CrPC - Consequently, it is directed that appropriate orders for unfreezing of bank accounts will be issued by competent authorities/ Investigating Officer within a period of three days of this order - Petitioner immediately after unfreezing of his accounts, will start making repayment if money due to complainant in terms of undertaking submitted by him before this Court - Ordered Accordingly.
ORDER :
1. These applications for bail under Section 439 Cr.P.C. have been filed by the petitioner who has been arrested in connection with F.I.R. Nos.142/2022 and 164/2022 registered at Police Station Bhagat Ki Kothi, District Jodhpur for the offences under Sections 420, 406, 467, 468 and 120B IPC.
2. As per prosecution story, the petitioner and his wife were directors in Bombay Solar and Wind Power Pvt. Ltd. (hereinafter referred to as ‘company’) which was an impanelled vendor for installing solar plants under supervision of Rajasthan Renewal Energy Corporation Limited (for short ‘Corporation’).
3. The petitioner assured the complainant and many other persons who were interested in installation of solar energy plants on rooftops of their houses that since his company is an impanelled vendor of RRPCL, they would be given subsidies. That in order to take benefit of the subsidy scheme floated by the Corporation, they will have to deposit 70% of the cost of the solar plant to the company while the remaining 30% shall be paid to the company by the Corporation. Believing upon the false assurance given by the petitioner, the complainant paid a sum of Rs.1,83,020/- through cheque No.14228 dated 29.06.2021, in the name of the petitioner’s company. However, even after encashing the cheque, the company did not install solar plant despite commitment given by the company to the complainant through a written contract.
4. As per prosecution, in like manner, amount was collected by the company from large number of people/prospective customers and even after collecting the amounts, solar plants were not installed. A fraud of Rs.5,38,72,399/- was committed. The details of the FIRs lodged against petitioner are as under:-
| dz la- | iz-lw-fj- la[;k | iqfyl Fkkuk | /kkjk | orZeku fLFkfr |
| 1- | 91/24.06.2022 | [kkaMk Qylk | 420] 406] 120] 120[k Hkk-n-l- | yafcr |
| 2. | 304/12.09.2022 | cukM+ | 420] 406 Hkk-n-l- | yafcr |
| 3. | 500/27.08.2022 | egkeafnj | 420] 406] 467] 468] 120] 120[k Hkk-n-l- | yafcr |
| 4. | 210/08.05.2022 | mn;eafnj | 420] 406] 120[k Hkk-n-l- | yafcr |
| 5. | 107/06.06.2022 | ,;jiksVZ | 420] 406] 120[k Hkk-n-l- | yafcr |
| 6. | 271/07.09.2022 | e.Mksj | 420] 406] 120[k Hkk-n-l- | yafcr |
| 7. | 280/09.12.2002 | e.Mksj | 420] 406] 120[k Hkk-n-l- | yafcr |
| 8. | 129/13.07.2022 | Hkxr dh dksBh | 420] 406] 467] 478] 120[k Hkk-n-l- | yafcr |
| 9. | 142/02.08.2022 | Hkxr dh dksBh | 420] 406] Hkk-n-l- | yafcr |
| 10. | 164/06.09.2022 | Hkxr dh dksBh | 420] 406] Hkk-n-l- | yafcr |
| 11. | 233/29.11.2022 | Hkxr dh dksBh | 420] 406] 120[k Hkk-n-l- | yafcr |
| 12. | 166/05.06.2022 | nsouxj | 420] 406 Hkk-n-l- | yafcr |
| 13. | 201/07.09.2022 | izrkiuxj | 420] 406] 120[k Hkk-n-l- | yafcr |
| 14. | 214/19.09.2022 | izrkiuxj | 420] 406] 120[k Hkk-n-l- | yafcr |
| 15. | 251/03.08.2022 | nsouxj | 420] 406] 120[k Hkk-n-l- | yafcr |
| 16. | 297/07.09.2022 | nsouxj | 420] 406] Hkk-n-l- | yafcr |
| 17. | 298/07.09.2022 | nsouxj | 420] 406] Hkk-n-l- | yafcr |
| 18. | 302/08.09.2022 | nsouxj | 420] 406] Hkk-n-l- | yafcr |
| 19. | 303/08.09.2022 | nsouxj | 420] 406] Hkk-n-l- | yafcr |
| 20. | 308.10.09.2022 | nsouxj | 420] 406] Hkk-n-l- | yafcr |
| 21. | 317/17.09.2022 | nsouxj | 420] 406] Hkk-n-l- | yafcr |
| 22. | 276/11.10.2022 | nsouxj | 420] 406] Hkk-n-l- | yafcr |
| 23. | 359/10.10.2022 | nsouxj | 420] 406] Hkk-n-l- | yafcr |
| 24. | 380/01.11.2022 | nsouxj | 420] 406] Hkk-n-l- | yafcr |
| 25. | 230/08.11.2022 | jktho xka/kh uxj | 420] 406] Hkk-n-l- | yafcr |
| 26. | 627/21.10.2022 | dqM+h Hkxrkluh | 420] 406] Hkk-n-l- | yafcr |
| 27. | 232/10.11.2022 | jktho xka/kh uxj | 420] 406] Hkk-n-l- | yafcr |
5. Learned counsel for the petitioner on last occasion when the instant matter was reserved by this Court on 11.05.2023, had submitted that the petitioner is desirous and has shown his willingness to refund t
SupremeToday
The court's decision to grant bail was based on the completion of investigation, primarily documentary evidence, and the accused's custody for the past year, in line with the principles laid down by ....
The court balanced the right to personal liberty with the need for the accused's presence at trial, emphasizing that continued custody should be based on the risk of interference in the administratio....
Bail should not be withheld as a pre-trial punishment – Criminal Court, exercising jurisdiction to grant of bail or anticipatory bail is not expected to act as a recovery agent to realize dues of com....
Bail should not be denied solely based on the seriousness of the charges; considerations must include the necessity of ensuring the accused's presence at trial and not obstructing justice.
In serious fraud cases, bail may be denied due to substantial allegations, criminal antecedents, and flight risk, despite long custody periods.
The main legal point established in the judgment is the presumption of innocence, the need for a humane attitude in dealing with bail applications, and the discretion of the court in granting or deny....
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