Siddharth Kumar Siddharth Kumar v. State of Haryana & another State of Haryana & another
Case Details
CRM-M-4200 4200-2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH RM-M-4200-2025 (O&M) CRM Date of Decision: 30.01.2025 Date of Decision: Siddharth Kumar Siddharth Kumar ...Petitioner Versus State of Haryana & another State of Haryana & another ...Respondents
Legal Reasoning
GURVINDER SINGH GILL CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL CORAM: Present: Pallavi Babbar and Mr. Karambir, Advocates, Ms. Pallavi Babbar and Mr. Karambir, Advocates, for the petitioner. Mr. Munish Sharma, DAG, Haryana. Mr. Munish Sharma, DAG, Haryana. FIR No. 994 Dated Police Station Sirsa City, Sirsa 04.10.2018 Sirsa City, Sirsa Section/s 406 & 420 IPC GURVINDER SINGH GILL, J. (Oral) GURVINDER SINGH GILL, J. petitioner seeks grant of regular bail in respect of aforementioned 1. The petitioner seeks grant of regular bail in respect of aforementioned petitioner seeks grant of regular bail in respect of aforementioned petitioner seeks grant of regular bail in respect of aforementioned FIR. 2. The FIR in question in question was lodged at the instance of Kewal Krishan son of was lodged at the instance of Kewal Krishan son of Gopi Chand (respondent No.2), who is a Commission Agent. The Gopi Chand (respondent No.2), who is a Commission Agent. The Gopi Chand (respondent No.2), who is a Commission Agent. The Gopi Chand (respondent No.2), who is a Commission Agent. The allegations in the FIR are broadly to the following effect: allegations in the FIR are broadly to the follo allegations in the FIR are broadly to the follo That allegation were made against all the accused in the present “That allegation were made against all the accused in the present That allegation were made against all the accused in the present That allegation were made against all the accused in the present FIR for misappropriating Rs.34,45,265/ FIR belonging for misappropriating Rs.34,45,265/- belonging to to the the complainant and other commission agents of New Grain Market, complainant and other commission agents of New Grain Market, complainant and other commission agents of New Grain Market, complainant and other commission agents of New Grain Market, ti Bhog Sirsa with the allegations that in the year 2014-2015, Shakti Bhog Sirsa with the allegations that in the year 2014 Sirsa with the allegations that in the year 2014 Foods Company had purchased paddy Basmati through Dhian Foods Company had purchased paddy Basmati through Dhian Foods Company had purchased paddy Basmati through Dhian Foods Company had purchased paddy Basmati through Dhian 55 firms of Sirsa Mandi and sent to Shakti Singh purchaser from 55 firms of Sirsa Mandi and sent to Shakti 55 firms of Sirsa Mandi and sent to Shakti Singh purchaser from Bhog Foods Company at Samana Bahu and Karnal and the said Bhog Foods Company at Samana Bahu and Karnal and the said Bhog Foods Company at Samana Bahu and Karnal and the said Bhog Foods Company at Samana Bahu and Karnal and the said VIMAL KUMAR 2025.01.30 16:01 I attest to the accuracy and integrity of this document CRM-M-4200 4200-2025 (O&M) 2 company made part payment and a sum of Rs. company made part payment is still and a sum of Rs.34,45,265/- is still ards the said company but the said company did not make due towards the said company but the said company did not make ards the said company but the said company did not make due tow payment of the said amount nor issued any TDS form nor the same payment of the said amount nor issued any TDS form nor the same payment of the said amount nor issued any TDS form nor the same payment of the said amount nor issued any TDS form nor the same was deposited with the Income Tax Department and in this way, was deposited with the Income Tax Department and in this way, was deposited with the Income Tax Department and in this way, was deposited with the Income Tax Department and in this way, the company has cheated the complainant and other commission the company has cheated the complainant and other commission the company has cheated the complainant and other commission the company has cheated the complainant and other commission agents of the Mandi, Sirsa as well as sale agents of the Mandi, Sirsa as well as sale-tax department.” the matter in fact Learned counsel for the petitioner submitted that the matter in fact Learned counsel for the petitioner submitted that 3. Learned counsel for the petitioner submitted that pertains to settlement of accounts and as a matter of fact the same have pertains to settlement of accounts and as a matter of fact the same have pertains to settlement of accounts and as a matter of fact the same have pertains to settlement of accounts and as a matter of fact the same have now been duly settled and the matter stands virtually compromised. now been duly settled and the matter stands virtually compromised. now been duly settled and the matter stands virtually compromised. now been duly settled and the matter stands virtually compromised. Learned counsel in this regard has drawn the attention of this Court to Learned counsel in this regard has drawn the attention of this Court to Learned counsel in this regard has drawn the attention of this Court to Learned counsel in this regard has drawn the attention of this Court to compromise deed annexed with the petition compromise deed annexed with the petition as Annexure P-5. 4. On the other hand, n the other hand, learned State counsel submitted that having regard to learned State counsel submitted that having regard to , the fact that a huge amount of more than 34 lakhs was misappropriated, the fact that a huge amount of more than 34 lakhs was misappropriate the fact that a huge amount of more than 34 lakhs was misappropriate Learned counsel has informed that no case for grant of bail is made out. Learned counsel has informed that Learned counsel has informed that no case for grant of bail is made out. as on date the petitioner has been behind bars since the last about 2 years as on date the petitioner has been behind bars since the last about 2 years as on date the petitioner has been behind bars since the last about 2 years as on date the petitioner has been behind bars since the last about 2 years Learned State and stands involved in several other identical cases. Learned State and stands involved in several other identical cases. and stands involved in several other identical cases. counsel has, however, feigned counsel has, however, feigned counsel has, however, feigned counsel has, however, feigned ignorance about ignorance about ignorance about ignorance about the factum of the factum of the factum of the factum of compromise. compromise. 5. Today, Mr. , has put in appearance on behalf of Today, Mr. Kartik Verma, Advocate, has put in appearance on behalf of , has put in appearance on behalf of and has filed his Vakalatnama, which is respondent No.2/complainant and has filed his Vakalatnama, which is and has filed his Vakalatnama, which is respondent No.2 taken on record. Though he has endorsed the factum of compromise taken on record. , but endorsed the factum of compromise, but the matter stands formally compromised with 55 out of has informed that the matter stands formally compromised with 55 out of the matter stands formally compromised with 55 out of has informed that a total of 58 aggrieved parties and that the same is yet to be compromised a total of 58 aggrieved parties and that the same is yet to be compromised a total of 58 aggrieved parties and that the same is yet to be compromised a total of 58 aggrieved parties and that the same is yet to be compromised qua the remaining 3, as they could not be located. qua the remaining 3, as they could not be located. qua the remaining 3, as they could not be located. 6. This Court has considered rival submissions. This Court has considered rival submissions. VIMAL KUMAR 2025.01.30 16:01 I attest to the accuracy and integrity of this document CRM-M-4200 4200-2025 (O&M) 3 7. Having regard to the nature of allegations and the fact that the matter is Having regard to the nature of allegations and the fact that the matter is nature of allegations and the fact that the matter is stated to have been compromised amongst the parties and while also stated to have been compromised amongst the parties and while also stated to have been compromised amongst the parties and while also stated to have been compromised amongst the parties and while also noticing that the petitioner has been behind bars for a substantial period noticing that the petitioner has been behind bars for a substantial period noticing that the petitioner has been behind bars for a substantial period noticing that the petitioner has been behind bars for a substantial period of about 2 years, further detention of the petitioner will of about 2 years, not serve any further detention of the petitioner will not serve any useful purpose as the conclusion of trial will take some time. The useful purpose as the conclusion of trial will take some time. The useful purpose as the conclusion of trial will take some time. The useful purpose as the conclusion of trial will take some time. The petition, as such, is accepted and the petitioner is ordered to be released petition, as such, is accepted and the petitioner is ordered to be released petition, as such, is accepted and the petitioner is ordered to be released petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the on regular bail on his furnishing bail bonds/surety bonds to the on regular bail on his furnishing bail bonds/surety bonds to the on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of satisfaction of learned t/Chief Judicial Magistrate/Duty trial Court/Chief Judicial Magistrate/Duty t/Chief Judicial Magistrate/Duty Magistrate concerned. Magistrate concerned. 30.01.2025 30.01.2025 Vimal GURVINDER SINGH GILL) (GURVINDER SINGH GILL JUDGE Whether speaking/reasoned: Yes/No Whether speaking/reasoned: Whether reportable: Yes/No VIMAL KUMAR 2025.01.30 16:01 I attest to the accuracy and integrity of this document