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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arun Kumar Tyagi, J.
Gurwinder Singh - Appellant
Versus
State Of Punjab & Ors. - Respondents
CRM-M-37020-2020
Decided On : 09-02-2021
Section 438 - Anticipatory Bail - Code of Criminal Procedure, 1973 - Indian Penal Code, 1860 - 420, 465, 467, 468, 471, 120-B - The judgment discusses the petitioner's plea for anticipatory bail under Section 438 of the Cr.P.C. in a case involving multiple sections of the IPC related to cheating and fraud. The court highlights the alarming state of affairs regarding investigation of criminal cases, emphasizing the need for prompt registration, proper investigation, and expeditious adjudication of bank fraud cases. The judgment also references observations by the Hon'ble Supreme Court regarding the duty of the police to conduct fair investigations and the court's obligation to ensure adherence to the law. The court directs the Director Generals of Police in Punjab, Haryana, and U.T. Chandigarh to file affidavits providing information on pending bank fraud cases and mechanisms for monitoring investigations. It also directs the Chief Judicial Magistrates to monitor the investigation of bank fraud cases and pass appropriate orders for proper investigation. The judgment emphasizes the need for specific SOPs for investigating bank fraud cases and issues directives to prepare and circulate SOPs within three months. It also highlights the increasing number of bank frauds and the impact on the economy, urging the concerned authorities to take necessary steps to prevent, detect, and prosecute such offenses.
Fact of the Case:
The petitioner filed a plea for anticipatory bail under Section 438 of the Cr.P.C. in a case involving multiple sections of the IPC related to cheating and fraud. The court observed alarming deficiencies in the investigation of criminal cases, particularly bank frauds, and emphasized the need for prompt registration, proper investigation, and expeditious adjudication of such cases.
Finding of the Court:
The court found that the investigation of bank fraud cases in Punjab, Haryana, and U.T. Chandigarh was delayed, leading to potential tampering with evidence and undermining the credibility of the criminal justice system. It highlighted the duty of the police to conduct fair investigations and the court's obligation to ensure adherence to the law. The court directed the concerned authorities to prepare specific SOPs for investigating bank fraud cases and issued directives for monitoring and expediting the investigation process.
Issues: The judgment addressed the delay in investigating bank fraud cases, deficiencies in the investigation process, and the need for specific SOPs to guide the investigation of such cases. It also highlighted the impact of bank frauds on the economy and the obligation of the court to ensure fair trials and just decisions.
Ratio Decidendi: The key legal principle established in the judgment is the duty of the police to conduct fair investigations in accordance with the law and the court's obligation to ensure adherence to the law. The judgment emphasizes the need for specific SOPs for investigating bank fraud cases and the court's authority to monitor and expedite the investigation process to prevent abuse of process and secure the ends of justice.
Final Decision: The court disposed of the petitioner's plea for anticipatory bail as infructuous and issued directives to the Director Generals of Police in Punjab, Haryana, and U.T. Chandigarh to file affidavits providing information on pending bank fraud cases and mechanisms for monitoring investigations. It also directed the Chief Judicial Magistrates to monitor the investigation of bank fraud cases and pass appropriate orders for proper investigation. The judgment emphasized the need for specific SOPs for investigating bank fraud cases and issued directives for their preparation and circulation within three months.
JUDGMENT
Arun Kumar Tyagi, J. - The petitioner has filed the present petition under Section 438 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) for grant of anticipatory bail in case FIR No.410 dated 14.12.2018 registered under Sections 420, 465, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 (for short 'the IPC) in Police Station City Rajpura, District Patiala.
2. As per Office Report learned Counsel for the petitioner was informed about the date of hearing fixed. However, none has appeared for the petitioner even today.
3. Additional status report by way of affidavit of Sh. Harmeet Singh Hundal, PPS, Superintendent of Police Investigation (Chariman SIT), District Patiala has been filed in the Court today which is also taken on record.
4. In the present case, the petitioner is alleged to have cheated seven Banks. Some government/Bank officials are also alleged to be involved in the fraud committed. Admittedly, no efforts were made by the first Investigating Officer of the present case to arrest the petitioner. Brother and father of the petitioner are also alleged to have taken loans from several Banks. Additional status report submitted by Superintendent of Police Investigation (Chairman SIT), Patiala also reflects superficial investigation as relevant aspects as to for which purpose the loan was taken, how the loan was disbursed and utilised, whether any repayment was made, what documents were executed, whether there was any guarantor, how the mortgage deed executed and documents produced in support thereof involved fraud have not been mentioned in the additional status report. A certificate (Annexure R-2/T) has been annexed with the additional status report that as per latest Jamabandi for the year 2015-16, in the revenue reocrd, Gurwinder Singh s/o Avtar Singh, Jagdeep Kaur w/o Gurwinder Singh, Avtar Singh s/o Chanan Singh, Nirmail Kaur w/o Avtar Singh, Parwinder Singh s/o Avtar Singh and Sarabjit Kaur w/o Parwinder Singh are not having any land in their name as per revenue record of village Rampur Khurd, Tehsil Rajpura, District Patiala. The petitioner allegedly previously owned land in village Rampur Khurd and allegedly mortgaged the same in favour of the Banks from which he took the loan. There is no mention as to change of entries in the revenue record regarding/disposal of the above-said land. There has to be proper investigation with respect to all material aspects of the case. The Senior Superintendent of Police, Patiala, who deserves to be appreciated for prompt action taken in the case after the matter came up for hearing before this Court, is directed to supervise/monitor the investigation till filing of the charge-sheet and ensure proper investigation with respect to all material aspects of the case.
5. Learned State Counsel has submitted that during the course of investigation, the petitioner was arrested on 15.01.2021 and the present petition for grant of anticipatory bail to the petitioner has become infructuous.
6. Accordingly, the present petition is disposed of as having become infructuous.
7. Before parting with this case it may be mentioned that the present case revealed before this Court alarming state of affairs regarding investigation of criminal cases adversely affecting the very efficacy and credibility of the administration of criminal justice. This Court had in its order dated 15.01.2021 observed as under:-
"Even though in the present case of a petition filed under Section 438 of the Cr.P.C. this Court is concerned with the question of grant of anticipatory bail to the petitioner but Court intervention in exercise of powers under Section 482 of the Cr.P.C. is essential not only for preventing abuse of process and securing ends of justice but also discharge of its obligation under the Constitution .... "
8. The relevant part of the order detailing the facts and circumstances constraining this Court to make the above-said observations is reproduced as under:-
"In the present case FIR w
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