2024 Supreme(P&H) 1079
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASJIT SINGH BEDI, J.
Satyanarayan – Petitioner
Versus
State of Haryana – Respondent
CRM-M-20067 of 2024 (O & M)
Decided On : 30-07-2024
Advocates Appeared:
Mr. Aditya Sanghi, Advocate, in CRM-M-20067-2024
Mr. Ravi Kant Kagra, Advocate in CRM-M-25754-2024; For the Petitioners
Mr. Naveen Kumar Sheoran, DAG, Haryana
Mr. Narender Pal Bhardwaj, Advocate, for the complainant in both the cases
The absence of custodial interrogation does not justify granting anticipatory bail; the prima facie case against the accused must be the primary consideration.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 438 - Anticipatory bail - Petitioners sought anticipatory bail in a case involving allegations of fraud and cheating under IPC - The court found prima facie evidence of culpability, noting that the petitioners received substantial sums from the complainant without providing the promised job - The court emphasized that the nature of the offence and the prima facie case must be considered when deciding on anticipatory bail. (Paras 2, 10, 11)
(B) Anticipatory Bail - The court ruled that the absence of a need for custodial interrogation does not automatically justify the granting of anticipatory bail, stressing the importance of evaluating the prima facie case against the accused. (Paras 10, 11)
Facts of the case:
The FIR was registered against the petitioners for allegedly defrauding the complainant of Rs. 8,90,000/- under the pretense of securing a job with the Northern Railway, with substantial monetary transactions documented. (Paras 2, 5)
Findings of Court:
The court found that the petitioners had received significant amounts from the complainant without fulfilling their promise of employment, establishing a prima facie case for the alleged offences. (Paras 11, 12)
Issues: The main issues included whether the petitioners were entitled to anticipatory bail given the evidence of fraud and the nature of the allegations. (Paras 10, 11)
Ratio Decidendi: The court held that the prima facie case against the accused must be the primary consideration in anticipatory bail applications, and the absence of custodial interrogation alone is insufficient for granting bail. (Paras 10, 11)
Result: Petitions dismissed.
JUDGMENT
Mr. Jasjit Singh Bedi, J. (Oral)
This order shall dispose of two criminal miscellaneous petitions i.e. CRM-M-20067-2024 and CRM-M-25754-2024 as they arise out of the same FIR.
2. The petitioner-Satyanarayan (in CRM-M-20067-2024) and the petitioner-Pardeep Kumar (in CRM-M-25754-2024) seek the grant of anticipatory bail under Section 438 Cr.P.C. in case bearing FIR No.10 dated 19.01.2024 under Sections 420, 467, 468 and 471 IPC registered at Police Station Industrial Area Bhiwani, District Bhiwani, Haryana.
3. For the sake of convenience, the facts are being taken from the petition bearing No. CRM-M-25754-2024.
4. The present FIR came to be registered at the instance of Narender Dalal and reads as under:-
"SP Office Bhiwani Diary No 337-PG Dated 01.09.2023. To the Superintendent of Police, Bhiwani. Subject:- Application for initiating legal action against 1. Satyanarayan son of Shri. Ved Parkash resident of Village Devrala, Tehsil and District Bhiwani having Mobile Number 70277777257, 9812104154, 2. Rahul Mobile Number 8774631508, 8697520782 resident of New Delhi, 3. Pardeep Resident of Village Tigdana Tehsil and District Bhiwani having Mobile number 7808910368.
Sir, it is requested that I Narender Dalal son of Shri. Ramdarshan Dalal a Resident of Village Nathuwas, Tehsil and District Bhiwani and request you that I know above named accused persons since the year 2013, one day meeting of me and Pardeep was held then he said to me that I shall get you job in Railways without filling form, I said to him nothing as such happens then he said to me that first of all I shall get your work stated thereafter you may give money, he had demanded sum of Rs. 9,00,000/- (Rupees Nine Lacs only) I said to him that Neutral Citation No:=2024:PHHC:096641 if as such happens then let us see, he said give sum of Rs. 2,50,000/- in advance and balance of Rs. 7,00,000/- after getting job. On dated 14.07.2021 transferred sum of Rs. 50000/- on dated 16.07.2021 sum of Rs. 20000/-, on dated 17.01.2021 sum of Rs. 30000/-, on dated 20.07.2021 sum of Rs. 1,50,000/- Company Gajraj Info Pvt. Ltd. Account 1215002100007245. On dated 22.07.2021 received from rrenreindianrailway.gov.in a to his Number mail was for document processing. Thereafter, Pardeep introduced me with Satyanarayan and said to me that he is our company Gajraj Info Pvt. Ltd., which is at Civil Mall Bhiwani and he is the one looks after work ahead of this. Satyanarayan said to me you can also be medically unfit, therefore, you may get your local medical thereafter we shall see, on dated 22.07.2021 again in the evening a mail was received from getting medical examination. I get conducted my medical examination from outside. On dated 28.07.2021, I received mail from above mentioned e-mail ID. That I have to reach at Northern Railway Centre Hospital Basant Lane Arm Bagh Connaught place New Delhi. During that time I received phone call of accused Rahul, who met me on the gate of the Hospital itself, after some time some unknown person took my blood sample and get medical fitness form from me. On dated 04.08.2023 I received mail from above mentioned E-mail ID regarding Medical Certificate. After some days I received phone call of Rahul that I received only Rs. 50000/- of you, that is the reason your work is processing slow, Then on dated 20.08.2021 sum of Rs. 49000/-, on dated 24.08.2021 sum of Rs. 30000/-, on dated 28.08.2021 sum 1,50,000/- I transferred in the account of above mentioned Company Gajraj Info Info Pvt. Ltd., On dated 26.08.2021 upon my email ID a mail was received regarding despatch of joining letter. On dated 28.08.2021, I received joining letter at my house by post in which it was mentioned about joining date as 15.09.2021 at D.R.M. New Delhi. Thereafter on dated 13.09.2021, I transferred sum of Rs. 50000/ in account number 4101135000010417 in Karur Vasya Bank Laxmi Nagar Delhi which was the account of Rahul, on dated 13.09.2023 I transferred sum of Rs. 50000/- in the account o
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