SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(P&H) 1973

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER, J.
Sanchu Subhash @ Sachu Subhash – Petitioner
Versus
State of Punjab – Respondent
CRM-M-12504 of 2023
Decided On : 05-05-2023

Advocates Appeared:
Mr. G.S. Ghuman, Advocate; For the Petitioner
For the Respondent: Mr. Harjinder Singh Sidhu, AAG, Punjab.

Headnote:(A) Indian Penal Code - Sections 120B, 420; Information Technology Act - Sections 66C, 66D; Code of Criminal Procedure - Section 439 - Bail application - Petitioner sought bail in a case involving cyber crime and misleading calls to foreign citizens. Petitioner argued innocence, highlighting no direct allegations against him and completion of investigation. Court found that keeping the petitioner in custody would not serve any useful purpose as the trial could take a long time. (Paras 5, 9, 10)

(B) Bail - Criteria for granting bail includes nature of allegations, duration of custody, and completion of investigation. Court emphasized the petitioner’s lack of previous cases and deletion of certain charges supporting bail approval. (Paras 7, 9)

Facts of the case:
The petitioner was arrested in relation to a call center operation accused of defrauding international customers through misinformation regarding account deductions. Investigation revealed the deletion of grave charges against the petitioner, and the call center was registered legally.

Findings of Court:
The court granted bail to the petitioner, requiring compliance with conditions set forth to ensure presence for the trial.

Issues: Main issues included the legality of the call center operation, the nature of allegations against the petitioner, and the justification for custody versus bail.

Ratio Decidendi: The court conferred that the substantial duration of custody, completion of investigation, absence of other cases, and deletion of certain charges warranted the granting of bail to the petitioner.

Result: Petition allowed, and regular bail granted to the petitioner, subject to conditions.

Table of Content
1. factual background of fir against the petitioner. (Para 1 , 4)
2. arguments for bail and innocence of the petitioner. (Para 5 , 6 , 7)
3. court's observations on the case progress. (Para 8 , 9)
4. conditions for grant of bail. (Para 10 , 11)
5. final conclusion dismissing the merits of the case. (Para 12 , 13)

JUDGMENT

Harsh Bunger, J.

Petitioner (Sanchu Subhash @ Sachu Subhash) has filed the present petition under Section 439 of the Code of Criminal Procedure seeking grant of regular bail in case bearing FIR No.302 dated 17.12.2022, under Sections 120B, 420, 467, 468 & 471 of the INDIAN PENAL CODE and Section 66C and 66D of the Information Technology Act, registered at Police Station Division No.8, Ludhiana, District Ludhiana, Punjab.

2. Status report by way of affidavit dated 10.04.2023 of Ms. Jasroop Kaur Batth (I.P.S.), Civil Lines Ludhiana, District Police Commissionerate Ludhiana has been filed by learned State counsel, which is already on record.

3. Custody certificate dated 18.04.2023 of the petitioner is filed by learned State counsel in Court today, which is taken on record, subject to all just exceptions.

4. Briefly, the aforesaid FIR was registered on the basis of a secret information received by Swaran Chand, Assistant Sub Inspector, Police Station Division No.8, Ludhiana that Ankush Bassi s/o Janak Raj Bassi, Ketan Sood, Sachu Subhash, Jobanpreet Singh, Pranav Arora, Ritik Kalra, Kapil Walia, Manwinderpal Singh, Reshav Singh, Manpreet Singh, Rohit Thakur, Abhiraj Singh, Japandeep Singh in connivance with their companions were running a call centre and misleading the citizens of other countries via internet by pretending that they belong to Paypal platform and are members of Customer Support Centre. Thereafter, they used to send them the messages that the amount has been deducted from their account(s) by the Bank and further used to provide a toll free number with the assurance that the amount will be returned to their account(s). It was further stated that these persons were making calls and playing frauds by way of redeeming gift cards of other persons. It was also stated that the aforesaid Ankush Bassi has got registered a fake Firm under the name of 'Balaji Info Services', however in reality, no such Firm actually exists and the money obtained through this Firm is being used for further transactions in other Firms. It was stated that Ankush Bassi and Ketan Sood were coming in their Thar along with their laptop through which they call the foreigners and cheat them, and in case barricading is done, they can be caught red handed. Finding the aforesaid information to be reliable, ruqa was sent through Contable Hardeep Singh and the FIR in question was got registered.

5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in FIR No.302 dated 17.12.2022. It is submitted that the petitioner has no concern with the alleged crime. Learned counsel contends that the petitioner is only an employee in the Firm-Balaji Info Services, owned by co-accused Ankush Bassi, which was registered with the Government of India's M.S.M.E. Scheme under the Indian Partnership Act, and he has no knowledge regarding any of the alleged illegal activities being carried out by co-accused Ankush Bassi. It is submitted that the police has arrested all the employees, including all the girls, of the Firm-Balaji Info Services on a single day. Learned counsel for the petitioner submits that the petitioner has not committed any fraud with anyone nor he is a beneficiary in any form. It is further submitted that there are no direct allegations against the petitioner nor any recovery has been effected from him. It is contended that during the course of investigation, it has been found that the Firm under the name of 'Balaji Info Services', owned by co-accused Ankush Bassi, was a genuine one and the same was found to be registered with the Government of India's M.S.M.E. Scheme under t

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top