The High Court
Case Details
CRM-M-57831-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-57831-2024 Reserved on: 07.01.2025 Pronounced on: 13.01.2025 Reenu ...Pe(cid:8)(cid:8)oner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Sanjeev Majra, Advocate, for the pe(cid:8)(cid:8)oner. Mr. Aashish Bishnoi, DAG, Haryana. Mr. Parminder Singh, Advocate for the complainant. ANOOP CHITKARA, J. ****
Legal Reasoning
FIR No. Dated Police Sta1on Sec1ons 779 09.12.2023 Gharaunda, Dis,. Karnal 406, 420, 120-B IPC 1. The pe(cid:8)(cid:8)oner incarcerated in the FIR cap(cid:8)oned above had come up before this Court under Sec(cid:8)on 439 of CrPC, seeking regular bail. 2. In paragraph 10 of the bail pe(cid:8)(cid:8)on and as per paragraph 10 of the status report, the accused has the following criminal antecedents: Sr. No. 1. 2. FIR No. Dated 263 247 06.07.2024 24.07.2024 Offenses 406, 420 IPC 406, 420 IPC and Sec(cid:8)on 24 of Immigra(cid:8)on Act Police Sta1on Pundri, Dis,. Karnal Israna, Dis,. Panipat 3. The facts and allega(cid:8)ons are being taken from the copy of FIR, Annexure P-2, which reads as follows: “At present it is recorded that SI Shyam Sundar No. 205/Karnal is present at the police sta(cid:29)on and an applica(cid:29)on No. 6043-CMISC dated 19.09.2023 was received in the office of the Superintendent of Police, Karnal a,er Inves(cid:29)ga(cid:29)on, the gist of which is as follows: To, the Superintendent of Police, Karnal. Subject:- Ge3ng recovered our money by taking legal ac(cid:29)on against Pravin son of Ranbir Singh JYOTI 2025.01.13 17:24 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-57831-2024 resident of Pundri (Mob. 82954xxxx), Vijender resident of Sonipat, present r/o near NIT Main Gate, Shiv Mandir, Kurukshetra (Mob. 94161xxxxx) and Rajinder resident of Mohali (Mob. 70099xxxxx). Sir,
Legal Reasoning
my humble request is that we are, Rishipal son of Shri Mehar Singh resident of village Khora-Khedi, Virendra son of Shri Vijay resident of Gharonda, Rakesh Kumar son of Amarnath resident of Kapdo and Siya Ram son of Kali Ram resident of village Dadlana. We all got acquainted with Pravin son of Ranbir Singh, resident of Kurukshetra. The above person said that I will send your children abroad. I have a lot of acquaintances. Big officers and leaders know me. I will get you a job by applying for a Canadian work permit from India only. Which will shape the future of your children. We were lured by his words. Vijender, resident of Sonipat presently residing at near NIT Main Gate, Shiv Mandir, Kurukshetra was along with him. Vijender said that we have sent about 500 children from here. Both Pravin and Vijender are teachers together in Gurukul, Pundri. Both of them introduced us to a man at Karna Lake in Karnal, whose name they told us was Rajinder, resident of Mohali and said that he is the owner of R.D. Enterprises. He will send your children abroad within three months. The payment should be made as soon as possible from your side and they said that if the payment is made today itself, they will start the work from today itself. Otherwise your work will get delayed. Trus(cid:29)ng the above three, we marked their account as follows: Date 19-08-2022, Name of the person Rishipal, Mode of Payment- GOOGLE PAY, Amount-50,000/-, Date 20-08-2022- GOOGLE PAY, Amount-50,000/-, Dated 22-08-2022 Cheque No. 000458 Amount-2,00,000/-, Dated 29-08-2022 RTGS FROM A/C 91503003xxxxx Amount-12,00,000/-, Dated 14-06-2023 GOOGLE PAY Amount-60,000/-, Dated 15-06-2023 GOOGLE PAY Amount- 15,000/-.The person in whose account the payment was made:- Praveen Kumar son of Raghbir Singh A/C. 1716000102xxxxxx, IFSC CODE-PUNB0066000 Dated 10.08.2023 CASH Amount 5,00,000/- In whose account the permit was issued - Vijender resident of Kurukshetra, Date 06-09-2022. Person's name- Virender, mode of payment RTGS, Amount- 2,00,000/-, date 27-09-2022 RTGS amount- 2,00,000/-, date 22-07-2022. Person's Name- Rakesh, Mode of Payment RTGS Amount-2,00,000/-, Date 18-08-2022 CHEQUE Amount 1,00,000/-, Date 26-08-2022 GOOGLE PAY Amount-90000/-, Date 27- 08-2022 GOOGLE PAY Amount-10,000/-, in whose account payment 2 JYOTI 2025.01.13 17:24 I attest to the accuracy and integrity of this order/judgment. CRM-M-57831-2024 was made- Praveen Kumar s/o Raghveer Singh A/C 171600010xxxxxx, IFSC CODE-PUNB0066000, Date 18-08-2022, Name of the person- Siya Ram, Mode of Payment RTGS Amount-500000/- in whose account the payment went-R.D. Enterprises A/c 10080xxxxxx, IFSC CODE- IDFB0021371. Total Amount-33,75,000/-. The said persons cheated all of us by taking the above payment from us. Many (cid:29)mes he would take us to Chandigarh and say that your work will be done today. Your work is about to be done. In this way these people kept making us go around. Then we understood that these people do Kabootarbazi' and embezzle people's money. When we ask for our money, they threaten to kill us and tell us to throw them at a place where even the police will not be able to trace you. Therefore, you are requested to take legal ac(cid:29)on against Pravin son of Ranbir Singh resident of Pundri (Mob. 82954xxxxx), Vijender resident of Sonipat presently r/o near NIT Main Gate, Shiv Mandi Kurukshetra (Mob. 94161xxxx) and Rajinder resident of Mohali (Mob. 70099xxxx) to get our money.” 4. The pe(cid:8)(cid:8)oner's counsel prays for bail by imposing any stringent condi(cid:8)ons and contends that further pre-trial incarcera(cid:8)on would cause an irreversible injus(cid:8)ce to the pe(cid:8)(cid:8)oner and her family. 5. 6. The State’s counsel opposes bail and refers to the status report. It would be appropriate to refer to the following por(cid:8)ons of the status report, which read as follows: 11. That in the present case, the role of the present pe(cid:29)(cid:29)oner is that she was in hand in gloves with her husband ac(cid:29)ng conjointly, they made dishonest inducements to the complainants to send their children abroad. During the inves(cid:29)ga(cid:29)on, it came on file that complainant Rishipal had transferred Rs.28,75,000/- in the account No. 171600010xxxxxxxx IFSC Code PUNB006600 of Parveen (husband of pe(cid:29)(cid:29)oner) online and from the same account Rs.13,52,000/- was found to have been transferred online to the bank account number 50100623xxxxx of the accused Reenu in different dates. Similarly, the amount of Rs. 5 lacs paid by complainant Siya Ram in the account of RD Enterprises was stated to be received back in the account of Reenu. Thus the present pe(cid:29)(cid:29)oner ac(cid:29)vely par(cid:29)cipated in design to dupe and cheat the complainants. 12. That there are serious allega(cid:29)ons against the pe(cid:29)(cid:29)oner and other JYOTI 2025.01.13 17:24 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-57831-2024 co-accused that they have cheated with the complainants in lacs of rupees for sending their children to abroad in legal manner. During the course of inves(cid:29)ga(cid:29)on sufficient incrimina(cid:29)ng evidence came on file against the pe(cid:29)(cid:29)oner. She is directed beneficiary of the considera(cid:29)on amount of Rs.13,52,000/- were transferred in to the account of the pe(cid:29)(cid:29)oner from the account of her husband Parveen and Rs.5,00,000/- were found credited by the account of RD Enterprises, Mohali in the account of pe(cid:29)(cid:29)oner and recovery of Rs.10,000/- was also effected from her in pursuance of her disclosure statement. A,er inves(cid:29)ga(cid:29)on on finding complicity of the pe(cid:29)(cid:29)oner for the grave offences of IPC challan against her has been submiMed in the Ld. Court. It is further submiMed that there is real apprehension that in case the pe(cid:29)(cid:29)oner/accused is granted bail, she may tamper with the prosecu(cid:29)on evidence and might influence the prosecu(cid:29)on witnesses and otherwise abscond from the process of law. Such types of the offences are on the rise now in these days. Thus the present pe(cid:29)(cid:29)on deserves to be dismissed.” 7. There is sufficient primafacie evidence connec(cid:8)ng the pe(cid:8)(cid:8)oner with the alleged crime. However, pre-trial incarcera(cid:8)on should not be a replica of post-convic(cid:8)on sentencing. As per paragraph 3 of the bail pe(cid:8)(cid:8)on, the pe(cid:8)(cid:8)oner has been in custody since 29.08.2024. As per the same, the pe(cid:8)(cid:8)oner’s total custody in this FIR is around four moths. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega(cid:8)ons, and the other factors peculiar to this case, there would be no jus(cid:8)fiability further pre-trial incarcera(cid:8)on at this stage. 8. Without commen(cid:8)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:8)oned above, the pe(cid:8)(cid:8)oner makes a case for bail. This order shall come into force from the (cid:8)me it is uploaded on this Court's official webpage. 9. Given above, provided the pe(cid:8)(cid:8)oner is not required in any other case, the pe(cid:8)(cid:8)oner shall be released on bail in the FIR cap(cid:8)oned above subject to furnishing bonds to the sa(cid:8)sfac(cid:8)on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:8)ng the surety, the concerned Court must be sa(cid:8)sfied that if the accused fails to appear, such surety can produce the accused. 10. While furnishing a personal bond, the pe(cid:8)(cid:8)oner shall men(cid:8)on the following personal iden(cid:8)fica(cid:8)on details: JYOTI 2025.01.13 17:24 I attest to the accuracy and integrity of this order/judgment. 4 CRM-M-57831-2024 1. AADHAR number 2. Passport number (If available) and when the a,es(cid:8)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 11. This order is subject to the pe(cid:8)(cid:8)oner’s complying with the following terms. 12. The pe(cid:8)(cid:8)oner shall abide by all statutory bond condi(cid:8)ons and appear before the concerned Court(s) on all dates. The pe(cid:8)(cid:8)oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 13. This bail is condi(cid:8)onal, and the founda(cid:8)onal condi(cid:8)on is that if the pe(cid:8)(cid:8)oner indulges in any non-bailable offense, the State may file an applica(cid:8)on for cancella(cid:8)on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 14. Any observa(cid:8)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 15. A cer(cid:8)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:8)(cid:8)oner can download this order along with case status from the official web page of this Court and a,est it to be a true copy. If the a,es(cid:8)ng officer wants to verify its authen(cid:8)city, such an officer can also verify its authen(cid:8)city and may download and use the downloaded copy for a,es(cid:8)ng bonds. 16. Pe11on allowed in terms men(cid:8)oned above. All pending applica(cid:8)ons, if any,
Decision
stand disposed of. 13.01.2025 Jyo(cid:8)-II Whether speaking/reasoned: Whether reportable: Yes No. (ANOOP CHITKARA) JUDGE JYOTI 2025.01.13 17:24 I attest to the accuracy and integrity of this order/judgment. 5