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2020 Supreme(J&K) 73
HIGH COURT OF JAMMU AND KASHMIR
Sanjay Kumar Gupta, J.
Zafar Iqbal C/w Zaheer Abass - Appellant
Versus
State Of J&k - Respondent
Bail App No. 170 of 2019 c/w Bail App No. 192 of 2019 CrlM Nos. 1430 of 2019 and 1505 of 2019
Decided On : 13-02-2020
Mr. B. S. Salathia, Sr. Advocate with Mr. Rajiv Chargotra, Advocate in Bail App No. 170/2019. Mr. Anil Sethi, Advocate in Bail App No. 192/2019, for the Appellant; Mr. Raman Sharma, AAG, for the Respondent
Headnote:
Ranbir Penal Code - Section 420120-B – Criminal Procedure Code1973 - Section 161 - Money Laundering Act2002 - Section 3 – Investigation – FIR - Accused were running this fraudulent company from near about months and thereafter have disappeared from and did not double their money - It was also alleged that alleged accused persons cheated complainants and are wandering in and at various places in India - Upon receipt of this application/complaint case FIR has been registered in investigation of case was taken up by Inspector – Held, In view of ratio of aforementioned judgment argument counsel for applicants that preliminary charge sheet has been produced which is incompletes not sustainable - Another plea taken that name of accused do not stand in Fires also not sustainable because FIR is not substantial piece of evidence and it only sets criminal law in motion involvement any other accused whose name does not figure in FIR can also be inferred if during investigation evidence comes against him - While granting or refusing bail Court has to see nature of accusation gravity of offence for which accused have been found involved and impact of granting bail on general public - argument that investigation is complete and nothing is required from applicants is also not sustainable because it may be ground for consideration of bail but not an exclusive ground to grant bail - Applicants along with other accused have been found involved in swindling of huge amount of innocent persons of locality on promise of doubling same within one month - Applicants and other accused have used money of public for their own use by purchasing properties at Jammu and outside Jammu - In case bail is granted trust of general public especially persons who have deposited money with company will be shaken and they will lose faith on Courts - laws cited by counsel for petitioners are not applicable in present set of circumstances of both cases – Appeal allowed
JUDGMENT
1. These are the two bail applications filed by the applicants, namely, Zafar Iqbal and Zaheer Abass seeking bail in FIR No. 04/2019 lodged under Section 420, 120-B of RPC , by police station Mendhar, District Poonch.
2. The facts of the two bail applications are identical and are reproduced herein below:-
On 16.05.2019, the complainant namely Sh. Abdul Karim, S/o Sh. Raj Mohd. R/o Pathanateer Mendhar, Poonch and others produced an application at P/S Mendhar duly marked by DIG, R/P Range Hqrs, Rajouri and endorsed by SDPO Mendhar against Tariq Mehmood (Mohd. Tariq), S/o Mohd. Aziz, Imtiaz Ahmed S/o Mohd. Aziz both residents of Village Chhungan and Murtaza Ahmed, S/o Mohd. Bashir, R/o Chak Banola, Tehsil Mendhar and others, alleging therein that the above alleged accused persons were running a private company in the name and style of Hablas Pvt. Ltd. where they have collected money from the people with the motive to double the money within a months time. The complainants also alleged that the alleged accused doubled the money of various people of the area. The accused were running this fraudulent company from near about 08 months and thereafter have disappeared from Tehsil Mendhar and did not double their money. It was also alleged that the alleged accused persons cheated the complainants and are wandering in Jammu, Delhi and at various places in India. Upon the receipt of this application/complaint a case FIR No. 70/2019 u/s 420/RPC has been registered in P/s Mendhar on 16.05.2019 and the investigation of the case was taken up by Inspector Sajjad Mir, SHO P/s Mendhar.
Later on, vide PHQ order No. 1929 of 2019 dated 20.05.2019, the investigation of the case FIR No. 70/2019 u/s 420/RPC P/S Mendhar was transferred to Crime Branch, Jammu and entrusted to Dy. SP, Crime Branch, Jammu for carrying out investigation into the matter and a SIT has been constituted. The investigation of the case has been taken up by Crime Branch, Jammu. During the course of investigation, accused kingpin Tariq Mehmood S/o Mohd. Aziz, R/o Chhungan, Tehsil Mendhar, District Poonch was arrested and was interrogated, where under the accused disclosed that he is a Government employee working as Pharmacist in Health Department and was posted as Pharmacist at Health Sub Centre Bathoi Mahore since 2016. In the year 2018, he along with Murtaza Ahmed, S/o Mohd. Bashir, R/o Chak Banola, Mendhar, Imitiaz Ahmed, S/o Mohd. Aziz, R/o Chhungan, Mendhar, Shazia Kousar, W/o Tariq Mehmood, R/o Chhungan, Mendhar and others planned to launch a company under the name and style Hablas Online Shopping at Mendhar, Poonch. The accused vide No. ROC/J&K/Record/217 dated 27.06.2019 obtained NOC from Registrar of Companies to carry on the business of all kinds of goods, commodities and services as buyers, sellers, traders, wholesalers, distributors, importers, agents, brokers, stockiest, commission agents, dealers and consultants of all kinds of products and services ; accordingly he along with Imtiaz Ahmed, Murtaza Ahmed, Shazia Kousar and others got registered his company under the name and style Hablas-e-Commerce Pvt. Ltd. on 14.08.2018 through Chartered Accountant namely Pankil Malhotra having its office at New Delhi Lodhi Road (542890) under the corporate identity number of the company as U74999JK2018PTC010573, PAN No. as AAECH6222N, TAN No. as AMRH1222001. But the investigation reveals that the accused in connivance with others started collecting money in the month of March, 2018 with the promise to sell them different products on 50% commissions through agent system and opened an account No. 0842010100000089 in the name of Hablas Online Shopping under the proprietorship of accused Shazia Kousar, W/o Tariq Mehmood at J&K Bank Sakhi Maidan, Mendhar and asked the people to deposit their amount in the said account.
The accused also used account No. 32283357074 and CC-77 for purchase of products which are maintained in the name of one of the co-agent namely Mohd. Shafiq and
