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2025 Supreme(Online)(PH) 1245
HIGH COURT OF PUNJAB AND HARYANA
SANDEEP MOUDGIL, J
KARANJIT SINGH ALIAS GURVINDER SINGH ALIAS GURI – Appellant
Versus
STATE OF HARYANA – Respondent
CRM-M-13666-2025
Mr. M.S. Kathuria, Advocate for the petitioner. Mr. S.S. Pannu, Addl. AG, Haryana.
The presumption of innocence is fundamental in criminal law, and bail should be granted unless there is substantial evidence of guilt.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 483 - Bail application - The petitioner seeks bail in FIR No. 296 under Sections 406, 419, 420, 467, 468, 471, and 120-B for alleged fraud of Rs. 35,00,000/- - The petitioner contends false implication and lack of direct evidence linking him to the fraud, while co-accused have been granted bail - Court emphasizes the presumption of innocence and the general rule favoring bail unless proven guilty. (Paras 1, 3, 4, 5, 6)
(B) Criminal Jurisprudence - Right to speedy trial - The court reiterates that the right to a speedy trial is a constitutional mandate under Article 21 and should not be denied to the accused. (Paras 4, 5)
(C) Judicial Discretion - The court notes that the discretion to grant bail must be exercised judiciously and compassionately, considering the nature of the accusation and the severity of punishment. (Paras 4, 6)
Facts of the case:
The petitioner was implicated in a case involving a fraudulent scheme to send individuals abroad for a fee, resulting in a significant financial loss to the complainant. The petitioner claims he is not the beneficiary of the alleged amount and has clean antecedents.
Findings of Court:
The petitioner is to be released on bail, as he is not a habitual offender, and the trial may take considerable time.
Issues: Whether the petitioner should be granted bail given the serious nature of allegations and lack of direct evidence against him.
Ratio Decidendi: The court ruled that the presumption of innocence applies, and the general rule favors bail unless guilt is proven.
Result: Petition allowed.
1. Prayer
The jurisdiction of this Court under Section 483 BNSS has been invoked seeking regular bail to the petitioner in FIR No.296, dated 30.06.2024, under Sections 406, 419, 420, 467, 468, 471 and 120-B, registered at Police Station K.U.K, District Kurukshetra.
2. Facts
The prosecution story set up in the present case as per the version of the FIR reads as under:-
‘A complaint No. 922 dated 06.06.2024 was received at the police station through postal mail from the office of the Superintendent of Police, Kurukshetra, which is as follows To, The Superintendent of Police, Kurukshetra. Subject: Application against 1. Basant Kumar (Mobile Number 98137- 43840) resident of Radaur, District Yamunanagar, 2. Parmod (Mobile Number 7988959007) resident of 1of9 Village Chorpura, Tehsil Indri, District Karnal, 3. Assim (Mobile Number 9802544347) son of Shri Satyawan Sahrawat, resident of Kishangarh Manimajra, Chandigarh, 4. Manjeet Sahrawat (Mobile Number 9915510075) resident of Kishangarh Manimajra, Chandigarh, 5. Guri (Mobile Number 8437089914) Regarding cheating and fraud of Rs. 35,00,000/- (thirty-five lakh rupees) committed by the aforementioned accused in the name of sending abroad. Sir, the applicant humbly requests as follows 1. The applicant Shubham Chauhan, son of Shri Kuldeep Singh, is a resident of Village Amin, Tehsil Thanesar, District Kurukshetra, and is an educated, peace-loving person. 2. On 14.02.2024, I was at home in my village when I had a conversation from my mobile number 9896961323 with the number 8437089914, where the person introduced himself as Guri. He told me over the phone that he is involved in sending people abroad and that he only takes payment after sending them abroad. I was convinced by his words and sent all the required documents through WhatsApp from my friend Saurabh's and my maternal cousin Amit Kumar's phone. After reviewing all the documents, the accused assured me that he would get visas for Australia for both of us and send us to Australia. The accused then told me over the phone to deposit Rs. 36,00,000/- (thirty-six lakh rupeesj at shop number 24 - A in New Anaj Mandi, Pundri, with M/S Jati Ram Praveen Kumar Aadti (commission agent), saying that he would collect the money from the Aadti (commission agent) after sending us abroad. He also assured that if he could not send us abroad, the money would be returned to me. On 23.02.2024, I went with my friend Krishan Kumar to deposit Rs. 36,00,000/- (thirty-six lakh rupees) at shop number 24 - A in New Anaj Mandi, Pundri, with M/S Jati Ram Praveen Kumar Aadti (commission agent), and obtained a receipt on the Aadti (commission agent)'s letterhead However, on 26.02.2024, the accused informed me over the phone that he could not send us abroad at that time and instructed me to collect the money back from the Aadti. I then retrieved my money from the Aadti and returned the letterhead receipt to him. 4. But a few days later, on 04.03.2024, the accused told me to go to Delhi Airport, where I would receive the visa and ticket. Following his instructions, on 04.03.2024, I went to Delhi with my friend Saurabh and my maternal cousin Amit Kumar. Then, with the wrong intention of cheating me out of my money, the accused told me to deposit Rs. 35,00,000/- (thirty- five lakh rupees) at shop number 26 M/S J.VG Trading Co. in Radaur Mandi, District Yamunanagar, stating that both visas had arrived. He also told me that I would need to go to Mumbai, where I would receive the visas for Saurabh and Amit Kumar. I went to Mumbai with Saurabh and Amit Kumar. Through my friend Krishan, I had the amount of Rs. 35,00,000/- (thirty-five lakh rupees) deposited at the address provided by the accused. At the shop number 26 M/S J.V.G Trading Co. in Radaur Mandi, District Yamunanagar, Basant Kumar (mobile number 98137-43840), a resident of Radaur, District Yamunanagar, who was the Adati, was present along with Parmod (mobile number 7988959007), a resident of
