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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARKESH MANUJA
Harkirat Singh Sandhu – Appellant
Versus
State Of Union Territory Of Chandigarh – Respondent
JUDGMENT :
Harkesh Manuja, J. (Oral) - CRM-26578-2023
Application is allowed, as prayed for, subject to all just exceptions. Exemption from filing certified / typed copies of Annexures P-1 to P-12, is granted.
MAIN CASE
The petitioner, by way of present petition filed under Section 438 Cr.P.C., prays for grant of pre-arrest bail in case FIR No. 0042, dated 01.04.2023, under Sections 406, 420 & 120-B of IPC, registered at Police Station Central Sector-17, Chandigarh, wherein he being a borrower / lender of the complainant-Bank has been arrayed as an accused for having played a fraud by diversion of funds from Cash Credit (CC) Limit to personal accounts, misappropriating the hypothecated stock as well as not even having installed the machinery purchased against Term Loan, at the proposed site, besides defalcation of Term Loan obtained for purchase of land for setting up of rice mill, instead of paying the same to his vendor-seller.
2. Learned counsel for the petitioner submits that from a perusal of the contents of FIR, no offence as alleged is made out as the present is at best a case of non-return of the loan amount in time, thereby involving no criminality therein. He further submits t
Civil disputes can escalate into criminal offences if evidence of dishonest intention or misrepresentation is present; mere non-payment does not absolve criminal liability.
It does not prima-facie appear that the grant of anticipatory bail would hinder or hamper the investigation as the material is documentary in nature and most of it is already in the possession of the....
Bail should not be denied as a form of punishment; however, in cases of money laundering, serious allegations and potential interference with investigations warrant careful consideration against bail....
Point of law: It does not prima-facie appear that the grant of anticipatory bail would hinder or hamper the investigation as the material is documentary in nature, and most of it is already in the po....
The court's decision to grant bail was based on the completion of investigation, primarily documentary evidence, and the accused's custody for the past year, in line with the principles laid down by ....
The court ruled that a bail application should be denied where serious allegations of economic fraud exist, especially when the applicant is a habitual offender and poses a risk of tampering with evi....
Criminal Proceedings should not be encouraged, when it is found to be mala fide or otherwise an abuse of the process of the court. Superior Courts while exercising this power should also strive to se....
Quashing under Section 482 CrPC denied where cheating allegations show deception from inception, accused absconding, charge sheet suppressed, and civil recovery co-exists without barring criminal pro....
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