Jaiveer v. State Of Haryana

-1CRM-M-26779 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-26779 of 2018 Date of Decision: 09.08.2018 Jaiveer ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. J.P. Jangu, Advocate, for the petitioner. Mr. Arjun Singh Yadav, AAG, Haryana.

RAMENDRA JAIN, J. (ORAL) Through this petition under Section 438 Cr.P.C. prayer has been made for grant of anticipatory bail to petitioner Jaiveer in case FIR No.109 dated 02.03.2017 registered under Sections 406, 420 and 506 IPC at Police Station Gharaunda, District Karnala.

According to the prosecution, petitioner cheated and defrauded complainant and 12 other innocent villagers for Rs.1.5 crores by purchasing 126-127 cattle, including buffaloes and cows, taking them in confidence, initially by making prompt payment against the purchase of cattle. Learned counsel for the petitioner inter alia contends that there is no written agreement in between the petitioner and the complainant qua sale/purchase of cattle. Even, no receipt duly signed by the petitioner is in the custody of the complainant, supporting the allegations of the complainant against the petitioner. Petitioner has wrongly been shown as resident of District Rohtak instead of District Jind. Petitioner is not required for custodial interrogation.

RAVINDER SINGH 2018.08.10 12:22 I attest to the accuracy and authenticity of this document On the other hand, learned State counsel, vehemently opposing

-2CRM-M-26779 of 2018 above submissions, contends that other co-accused of the petitioner were arrested and have been enlarged on regular bail. Petitioner is evading his arrest since the date of lodging of the FIR against him. He has already been declared proclaimed offender by the Court and after his declaration as such, the petitioner has filed instant petition. There are serious allegations against the petitioner.

Having considered submissions made by learned counsel for both the sides, this Court does not find any merit in the instant petition inasmuch as the petitioner has cheated innocent and poor villagers, including complainant for a sum of Rs.1.5 crores, winning their confidence in due course of time. His custodial interrogation is needed to recover the sale price of the cattle sold to him by the complainant and other villagers and for incidental purposes.

In view of above, petition is dismissed.

(RAMENDRA JAIN) August 09, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.08.10 12:22 I attest to the accuracy and authenticity of this document