Gaurav Chhabra v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 25.09.2018 Gaurav Chhabra ..... Petitioner

Versus

State of Punjab ..... Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Priyanshu Kamra, Advocate for the petitioner. Mr. Davinder Bir Singh, DAG, Punjab.

RAMENDRA JAIN, J. (ORAL) Through this petition under Section 439 Cr.P.C., petitionerGaurav Chhabra, has prayed for grant of regular bail in case FIR No. 0119 dated 18.10.2016 registered under Sections 420 and 120-B IPC at Police Station Gidderbaha, District Sri Muktsar Sahib. Custody certificate of the petitioner filed by learned State counsel is taken on record. Office to tag the same at the appropriate place.

Heard.

Learned counsel for the petitioner inter alia contends that petitioner was an employee of M/s Natural Heights Infra Ltd., Abohar. He has been shown as Non-Executive Director, of the aforesaid company.

-2The entire amount paid by the investors had gone to the company's account and no amount was ever transferred to the account of petitioner. The petitioner was not named in the FIR. Relying upon order dated 06.08.2018 in CRM-M-19174-2018, learned counsel contends that in similar circumstances the petitioner has been granted bail in another FIR by a co-ordinate Bench of this Court. Thus, treating the case of the petitioner on the same parity, he may also be granted bail in the instant case.

On the other hand, learned State counsel has strongly refuted the above submissions of learned counsel for petitioner submitting that petitioner has been booked in 15 more cases of similar nature and under Section 138 of the Negotiable Instruments Act, 1881. Petitioner is a habitual offender of committing fraud and cheating innocent general public. He has cheated several innocent people for huge amount and, if, he is admitted to bail, he will commit some more frauds. Having given thoughtful consideration to the rival submissions made by both the sides, this Court is of the considered opinion that the case of the petitioner cannot be treated on the same parity with his aforesaid case in CRM-M-19147-2018, for grant of bail as learned State counsel submits that petitioner is Director in M/s Natural Heights Ifra Ltd., Abohar. He is the main accused with Neeraj Arora, a close relative, who in conspiracy of each other has duped innocent public for huge amount in several lakhs.

In view of discussion made above and considering the fact

-3that petitioner has been booked in 15 more cases of similar nature and under Section 138 of the Negotiable Instruments Act, this Court is not inclined to grant the concession of regular bail to the petitioner. Dismissed.

September 25, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No