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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Ashok Kumar Sahni – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
This order shall dispose of two petitions bearing No.CRM-M-36015-2023 titled as Ashok Kumar Sahni Versus State of Haryana and CRM-M-44766-2023 titled as Supriya Nakra Versus State of Haryana as the same are arising out of the same FIR. However, for the sake of convenience the facts have been taken from CRM-M-237362023.
2. The prayer in the present petitions under Section 438 of Cr.P.C. is for the grant of anticipatory bail to the petitioners in case FIR No.49 dated 01.03.2023 registered under Sections 406, 420, 467, 468, 471, 506, 120B IPC at Police Station Industrial Area, Bhiwani.
3. The present FIR came to be registered on the complaint of Naresh Kumar Ahuja son of Pannu Ram Ahuja with the allegations that entities controlled by him and his wife had paid a sum of Rs.2.02 crores to M/s MDM Televentures Pvt. Ltd. Gurugram for supply of mobile phone accessories but the same had not been supplied thereby committing the offences in question. The copy of the complaint leading to the registration of the FIR is as under:-
"To
The Superintendent of Police, Bhiwani.
Subject : Complaint seeking registration of case F.I.R. and legal action against 1. Pardeepto Gaun
Point of law: While laying down cast-iron rules in a matter like granting anticipatory bail, it is apt to be overlooked that even judges can have but an imperfect awareness of the needs of new situat....
Point of law: While laying down cast-iron rules in a matter like granting anticipatory bail, it is apt to be overlooked that even judges can have but an imperfect awareness of the needs of new situat....
The main legal point established in the judgment is that the court considered the civil nature of the dispute, the filing of a company petition, and the absence of misuse of anticipatory bail in gran....
The absence of custodial interrogation does not justify granting anticipatory bail; the prima facie case against the accused must be the primary consideration.
Civil disputes can escalate into criminal offences if evidence of dishonest intention or misrepresentation is present; mere non-payment does not absolve criminal liability.
The main legal point established in the judgment is the exercise of discretion in granting anticipatory bail based on the nature of the allegations, role attributed to the accused, and the law laid d....
The judgment emphasized the seriousness of economic offences, the need for custodial interrogation, and the balance between individual rights and public interest in granting anticipatory bail.
The judgment establishes the importance of prima facie evidence and the necessity of custodial interrogation based on credible arguments in cases involving criminal conspiracy and fabricated document....
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