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High Court of Punjab and HaryanaCRM-M/44155/2018dismissed

Harvinder Singh & ANR. v. State Of Punjab And Others

2018-10-30Mr. Justice Arvind Singh Sangwan2 pages

 CRM-M-44155-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-44155-2018 Date of Decision: 30.10.2018 Harvinder Singh and another ... Petitioners

Versus

State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr. H.P.S.Ghuman, Advocate, for the petitioners.

  

    None for respondents No.2 to 10.

INDERJIT SINGH, J. (Oral)  

 



  

      

  

  438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.149 dated 24.12.2015, registered at Police Station Kotwali Nabha, Tehsil Nabha, District Patiala, under Sections 406 and 420 of the Indian Penal Code and Sections 4 and 5 of the Prize Chit and Money Circulation Schemes (Banning) Act, 1978.

Notice of motion was issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioners as well as learned State counsel and gone through the record. PARVEEN KUMAR 2018.10.31 16:10 I attest to the accuracy and authenticity of this document Chandigarh

! CRM-M-44155-2018 From the record, I find that FIR, in the present case, has been got registered by complainants-Satnam Singh, Pargat Singh, Nardeep Singh etc. against Lal Khan @ Lalli. As per the allegations, the people were cheated to the tune of crores of rupees through Khalsa Gift Enterprises. It is mentioned in the FIR that Lal Khan @ Lalli through Khalsa Gift Enterprises lured the people of prizes and got membership of 2000 people and received 1300/- per month each for 10 months from them. It is also mentioned in the FIR that the company closed the draw and did not return the money. The present petitioners are stated to be the partners of the Khalsa Gift Enterprises.

Learned counsel for the petitioners stated that the petitioners are ready to return the amount of 09 complainants, who had got the FIR registered.

Keeping in view the fact that a large number of people have been cheated by Khalsa Gift Enterprises, therefore, benefit of anticipatory bail cannot be granted to the petitioners even after paying the amount of only 09 persons, who are the complainants. The petitioners are required for custodial interrogation. Otherwise also, keeping in view the nature and gravity of the offence, I do not find it a fit case where the petitioners are entitled to the benefit of anticipatory bail. Therefore, finding no merit in the present petition, the same is dismissed.

 

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%   &' $     & ( PARVEEN KUMAR 2018.10.31 16:10 I attest to the accuracy and authenticity of this document Chandigarh