Punjab And Haryana High Court · 2010

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Sukhjit Singh, Advocate for the petitioner Mr.K.D.Sachdeva, Addl.A.G., Punjab. ...... RAM CHAND GUPTA, J.(Oral) The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.146, dated 29.12.2008, under Sections 420, 465, 467, 471, 120-B IPC, registered at Police Station City Hoshiarpur. I have heard learned counsel for the parties and have gone through the whole record carefully. Brief allegations against the petitioner-accused are that as per FIR lodged by Branch Manager of the Hoshiarpur Central Cooperative Bank, Main Branch Hoshiarpur, an amount of Rs.2 crores and 17 lacs was fraudulently withdrawn by way of impersonation and by opening the accounts in the fake names. It came during investigation that one Paramjit Singh got opened account Number 35089 in the Central Cooperative Bank, Hoshiarpur, on 5.5.2008 by giving wrong parentage and address of village Tuto Majara in District Hoshiarpur.

At the time of opening of the account, he was identified by one Manjit Singh son of Mehar Singh and however, there was no person in the name of Manjit Singh and, in fact, as per police investigation, he was identified by Harbhajan Singh, the present petitioner, who impersonated himself as Manjit Singh. Photograph of petitioner was given at the time of opening of the account. Another account bearing No.301575 was got opened by co-accused Jujhar Singh on 23.6.2008 by Crl.M.No.M-17680 of 2010 (O&M) -2- impersonating himself as Parminder Singh. In the similar manner 3rd account was got opened by co-accused Sonu by impersonating himself as Hardip Singh. Accused used to submit cheques of outside banks in their accounts and in order to get the cheques cleared, they used to request the bank officials to hand over them the requisite documents for bank clearance by hand and hence fake bank clearance used to be brought and followed by fake computerised bank drafts and after getting the amount credited in their respective accounts, they used to get the amount transferred in HDFC Bank, Hoshiarpur and Axis Bank, Hoshiarpur, from where they used to withdraw the amount by using their ATM cards.

The present petitioner has taken the plea of alibi on the plea that he was not in India at the time of alleged occurrence. However, it came in police investigation that during that time the petitioner obtained duplicate driving licence in his name and for that purpose appearance was required and that he also purchased a swift car in the name of his relative and purchase documents were also signed by him. Hence, it is also yet to be investigated as to whether he was also travelling on fake documents. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused. Rather his custodial interrogation is necessary for proper investigation of the case. Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Harbhajan Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit. Interim order dated 5.7.2010, already granted in favour of the petitioner is vacated.

6.9.2010 (Ram Chand Gupta) Judge