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2024 Supreme(Online)(P&H) 9287

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASPAL SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 18.02.2025 Pronounced on: 28.02.2025 Jaspal Singh ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Ms. Pooja Dhingra, Advocate for the petitioner.

Mr. Sukhdev Singh, AAG, Punjab.

****

ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

0005 06.03.2024 NRI, District 406, 420, 120-B IPC Amritsar

1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

2. Per paragraph 21 of the bail application and the status report filed by the State, the accused has the following criminal antecedents:

Sr. No. FIR No. Dated Offenses Police Station

1 122/2021 - 420 IPC Mohkampura, Amritsar

2 233/2023 - 420/120-B IPC Civil Lines, Bathinda

3. The facts and allegations are being taken from the status report filed by the State, which reads as follows:

4. That it is submitted that as per the report furnished by SHO P.S. NRI, Amritsar, registration of the present case having FIR No. 09 dated 28.03.2024 (supra) is a consequence of the thorough enquiry conducted by ASI Prabhjit Singh under supervision ofthe deponentqua the application UID No. 1908182 dated 27.10.2020 given in the office of the Additional Director General of Police, NRI Wing, Punjab, SAS Nagar by the Complainant Sukhdev Singh and as per the legal opinion obtained thereon from the District Attorney (Legal) NRI Wing. SAS Nagar. Based upon the enquiry conducted, the following facts were revealed:

A. The Complainant Doctor Sukhdev Singh has retired as Professor of Molecular Biology and Biochemistry Department, Guru Nanak Dev University, Amritsar in 2016 and his wife Kulbir Kaur has also retired as professor from Khalsa College, Amritsar. They both along with their son Gauravdeep Singh are living in Canada.

B. During last phase of the service of the Complainant Sukhdev Singh, the co-accused Hardesh Kumar was serving as curator in Museum and they both had acquaintance during their service. The co-accused Hardesh Kumar had told the complainant Sukhdev Singh that the co-accused Hardesh Kumar and his family members have invested about Rs. 70 to 80 lacs in the company of the present petitioner Jaspal Singh Gill and his nephew Ravinder Singh Sidhu and they are getting profit more than the bank. The co-accused Hardesh Kumar told the Complainant Sukhdev Singh that he get the Complainant profit by getting his money invested.

C. The Complainant Sukhdev Singh and his family members invested their money in Nector Commercial Estates Limited Corporation, office 410, Jaina Tower-II, District Centre, Janak Puri, New Delhi and Help Finance Limited. The director of this company is Ravinder Singh Sidhu S/o Avtar Singh and assistant/officer/official Kanwaljit Singh Bal and present petitioner Jaspal Singh Gill is real maternal uncle of Ravinder Singh Sidhu. The office of this company was at New Amritsar market, which has been closed. This company used to allure people for doubling their money upon investment and to give plot in case of not giving money.

D. As per claim of the co-accused Hardesh Kumar, the office bearers of Kim Future Vision Services Ltd. namely present petitioner Jaspal Singh, Ravinder Singh Sidhu, Gurpreet Singh and Kanwaljit Singh Bal had come to him and had made him understand the scheme. As per version of the present petitioner Jaspal Singh Gill made vide his statement recorded before the Enquiry Officer by the present petitioner Jaspal Singh, the co-accused Hardesh Kumar was an agent of the company and the co-accused Hardesh Kumar used to receive commission for getting money invested in the company.

E. The Complainant Sukhdev Singh was also allured by the owners of the company, officer bearers i.e. present petitioner Jaspal Singh Gill, Ravinder Singh, Kanwaljit Singh Bal and co-accused Hardesh Kumar. Thereupon, the Complainant Sukhdev Singh having trust in the co-accused Harde

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