IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Chander Bhusan Barowalia, J.
Ranjit Singh – Petitioner
Versus
State of Himachal Pradesh - Respondent
Cr. MP (M) No.744 of 2021
Decided On : 06-05-2021
Bail Application - Criminal Procedure - Indian Penal Code - Sections 420, 406, 467, 468, 471, 120-B - The court granted bail to the petitioner under the mentioned sections of the Indian Penal Code after considering the petitioner's local residency, inability to tamper with evidence or flee from justice, completion of investigation, and presentation of challan in the Trial Court.
Fact of the Case:
The petitioner filed a bail application under Section 439 of the Code of Criminal Procedure seeking release in a case involving allegations under Sections 420, 406, 467, 468, 471, and 120-B of the Indian Penal Code. The petitioner claimed innocence and argued that he was falsely implicated in the case.
Finding of the Court:
The court found that the petitioner, being a local resident, was not in a position to tamper with evidence or flee from justice. It also noted that the investigation was complete and the challan had been presented in the Trial Court. Considering these factors, the court granted bail to the petitioner.
Issues: The main issue was whether the petitioner should be granted bail in a case involving serious allegations under the Indian Penal Code.
Ratio Decidendi: The court's decision was based on the petitioner's local residency, inability to tamper with evidence or flee from justice, completion of investigation, and presentation of challan in the Trial Court.
Final Decision: The court granted bail to the petitioner under the mentioned sections of the Indian Penal Code, subject to certain conditions.
JUDGMENT :
Chander Bhusan Barowalia, J.
The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No.07 of 2019, dated 2.10.2019, under Sections 420, 406, 467, 468, 471 and 120-B of the Indian Penal Code, registered in P.S. S.V. & ACB, Solan, H.P.
2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.
3. Police report stands filed. The prosecution story, as emanates from the records, is that on 2.10.2019, a complaint of Shri Vikram Singh, addressed to AD & GP Vigilance, SV & ACB, has been received in Police Station against Subey Singh, Aman, Sushil, Sanjeev, Ranjit Singh (petitioner herein), Hardeep Barar and Sukhbir (M.D Hinduja Finance Company) alleging therein that some people are roaming in the area, who are inducing people of the area to get vehicles financed and vehicles will be engaged in Companies at Punjab and Haryana. They are cheating innocent people of the area and they got vehicles financed from different finance companies. Vehicles were taken to Punjab and Haryana, then vehicles were registered falsely in Punjab and Haryana. In the month of December, 2018, complainant met Subey Singh in Solan, who was accompanied by Aman alias Raman, Sushil and two other persons. Those persons told him that they used to get vehicles engaged in companies and that would fetch monthly income to the tune of Rs.30,000/- to Rs.35,000. He was also asked to get vehicle financed and was allured that all expenses including margin money would be paid by the company thereafter, vehicle would be engaged in some company or Government office on monthly rent and compromise deed would be executed and he would get monthly income. In the month of January, 2019, Raman alias Aman and Subey Singh telephonically asked him to bring his Adhar Card and PAN card. On 13.1.2019, at 7:00 a.m, he again received call of Raman, who disclosed that his vehicle is approved and delivery of vehicle would be taken today itself. The complainant refused, then Rakesh, employee of Cholamandlam Finance, Raman alias Aman, Susheel and Subey Singh, came in a vehicle bearing registration number of Punjab to Taar factory near his house and asked him either to get the vehicle delivered through Finance Company or to return Rs.25,000/- of processing fee. On 13.1.2019, the complainant went with Raman alias Aman, Subey Singh and Rakesh to Goyal Motors at Deonghat and vehicle was delivered, they prepared his documents. They had taken his vehicle and he was given rupees one lac towards initial installments, which he deposited with Cholamandlam Finance Company. They told him that agreement would be made within one week. After one week, they again came, called him to Goyal Motors, obtained his signatures and took away original documents of the vehicle. He was told that agreement of all vehicles would be made in one day at Solan, when the requirement of their company of vehicles was satisfied. Then, he came to know that those persons are of criminal nature and earlier also committed fraud with many persons. He then contacted Hardeep Barar regarding registration of vehicle. He and Madhu Sharma were called to Panchkula, where stamp papers were purchased in their names and obtained signatures on blank stamp papers. Copies of their Adhar Card and PAN Card were also obtained. He was also told that this agreement with company would be made at Solan, but they had not come. When he made inquiry, he alongwith Madhu Sharma was called to Dharampur by Sukhbir and Hardeep Barar and his signatures were obtained on blank cheque being taken as security and assured to return the cheque aft
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