Mohinder Singh v. Union Territory Chandigarh

CRM-M-25443 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1.

CRM-M-25443 of 2018 Date of Decision: 06.09.2018 Mohinder Singh ....Petitioner

VERSUS

Union Territory Chandigarh ....Respondent 2.

CRM-M-25504 of 2018 Sudesh Kumari ....Petitioner

VERSUS

Union Territory Chandigarh ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Jainainder Saini, Advocate for petitioners in both the petitions.

Mr. Sukant Gupta, A.P.P., U.T. Chandigarh.

Mr. Sanjeev Manrai, Sr. Advocate with Mr. Sunil Kumar, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petitions have been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to petitioners in case FIR No.262 dated 15.10.2017 registered for offences punishable under Sections 406/420/120-B of Indian Penal Code, at Police Station Manimajra, Chandigarh.

Heard.

Learned A.P.P, UT Chandigarh submits that allegations in this case are against Arun Saluja that amount of `9.2 lakhs was deposited in the account of Mohinder Singh (petitioner in CRM-M-25443-2018), father of JITENDER KUMAR 2018.09.06 17:17 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M-25443 of 2018 -2Arun Saluja and an amount of `27.4 lakhs was deposited in the account of Sudesh Kumari, his mother (petitioner in CRM-M-25504-2018). The said amount was deposited in their account by encashing the same from accounts of customers of ICICI Bank. Complaint against Arun Saluja to this effect has also been filed by ICICI Bank through its Manager. Learned counsel appearing for one of the complainant, namely, Hemraj, submits that as per allegations in the complaint filed by Hemjraj, co-accused, namely, Preeti had come with petitioners Mohinder Singh and Sudesh Kumari and on their asking money was given to Arun Saluja on the pretext of investing the same but he deposited the said amount in accounts of his parents.

The entire evidence against petitioners is based on documentary evidence, which is subject matter of investigation. In view of above but without expressing any opinion on the merits of the case, these petitions are allowed and orders dated 08.06.2018 passed in both the petitions are made absolute till the presentation of challan, subject to the following terms:- (i) that petitioners shall make themselves available for interrogation by the police as and when required; (ii) that petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that petitioners shall not leave India without the prior permission of the Court.

(iv) that petitioners will seek regular bail on the presentation of challan in Court.

September 06, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No JITENDER KUMAR 2018.09.06 17:17 I attest to the accuracy and authenticity of this document High Court, Chandigarh Whether reportable Yes/No