High Court of Punjab and HaryanaCRM-M/18037/2016dismissed

Japdeep Singh v. State Of Punjab

2016-05-23Mr. Justice S.P. Bangarh2 pages

CRM-M 18037/2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:23/05/2016.

Japdeep Singh @ Jappa ............Petitioner vs State of Punjab .............Respondent CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Dr.Anmol Rattan Sidhu,Senior Advocate assisted by Mr.Pratham Sethi,Advocate for the petitioner. Mr.Jagmohan Bansal,Addl.AG assisted by ASI Pramjit Singh Jaswant Singh,J(Oral) Prayer is for grant of anticipatory bail to accused petitioner Japdeep Singh @ Jappa in case FIR No.45 dated 28.2.2015 under Sections 420,465,467,468,471,419,120-B IPC, and 65/66/66-A of IT Act,PS Tanda,Distt.Hoshiarpur.

Allegations of complainant Tara Singh, an NRI, are that petitioner accused alongwith his co-accused father Avtar Singh and coaccused Amandeep Singh lured him and his family to dish out a sum of Rs.1.25 crores for procuring a franchisee of KFC outlet at Hoshiarpur. The petitioner accused fraudulently posed himself as an agent of KFC. Neither money was returned nor outlet procured.

It is not disputed that subsequently a compromise between the parties had been effected whereby it was agreed that after a refund of Rs.65 lacs all the claims between the parties would be settled. A sum of Rs.5 lacs RAJINDER PRASHAD JOSHI 2016.05.23 16:17 I attest to the accuracy and integrity of this document

CRM-M 18037/2016 only stands paid in terms of the said compromise effected on 2.6.2015. Counsel for the petitioner heard.

It is not disputed that the petitioner accused alongwith his coaccused father had filed similar petition bearing CRM-M 39924/2015 seeking pre-arrest bail which was disposed of vide order dated 27.11.2015 (P-6). The operative part of the said order is reproduced hereunder:- "After hearing learned counsel for the petitioners, the present petition is disposed of with a direction that if the petitioners surrender before the Investigating Agency/ learned Area Judicial Magistrate within 15 days of passing of this order and move an application for grant of bail, the same shall be disposed of at the earliest in accordance with law." The said benefit was also not availed by the petitioner-accused and evaded the process of the Court and was declared a PO on 29.9.2015. In view of the above,no case for grant of anticipatory bail is made out.

Dismissed.

23.05.2016 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2016.05.23 16:17 I attest to the accuracy and integrity of this document