Sant Kumar v. State Of Haryana

CRM M-45622 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM M-45622 of 2017 Date of decision : 05.04.2018 Sant Kumar ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Ms. Alisha Soni, Advocate for the petitioner. Mr. Randhir Singh, Addl. A.G. Haryana.

Mr. PArminder Singh, Advocate for the complainant. RAJAN GUPTA J.

Petitioner seeks concession of pre-arrest bail in a case registered against him under sections 406/420 IPC vide FIR No. 197 dated 23.04.2017 at police station Ambala City. It has been contended before the court that petitioner has been falsely implicated in the case. According to learned counsel, the deficiency of rice cannot be termed as an act of fraud on the part of petitioner. It is a civil dispute and the same can be referred to arbitration in view of agreement between the parties. Thus, petitioner deserves the concession of bail. Learned State counsel has opposed the prayer for bail. According to him, petitioner in connivance with co-accused misappropriate the paddy of 577 MT. for their personal use. He submits that though petitioner has joined the investigation pursuant to direction of this court but he is not cooperating. He has referred to reply by way of affidavit of Rajesh Kumar, Deputy Superintendent of Police in this regard. Ajay Kumar 2018.04.07 14:25 I attest to the accuracy and authenticity of this document

CRM M-45622 of 2017 I have heard learned counsel for the parties and given careful thought to the facts of the case.

It appears that petitioner who was a partner in M/s Maha Lakshmi Traders, Jain College Road, Ambala alongwith Jaswinder Singh entered into an agreement with CONFED, Haryana for milling the paddy. As per the agreement, the firm has to supply 3003 Mtr. Ton rice but it only supplied 2427 Mtr.ton rice. Thus, there was a deficiency of 577 Mt. ton rice. Upon notice issued by the CONFED department, petitioner's firm neither supplied the remaining rice nor deposit the amount which resulted in registration of instant FIR. Investigation ensued thereafter. During the course of investigation, investigating agency took into possession the agreement executed between CONFED department and the petitioner's Firm. It was found that petitioner was an active partner in the M/s Maha Laxmi Traders and also the main conspirator in the entire fraud.

He in connivance with co-accused misappropriated 577 Mtr. tonne paddy. The cheque of the Firm which was given as security to the CONFED department in case of failure to return the paddy also got bounced on presentation due to insufficient funds. Stand of the investigating agency before this court is that petitioner is not cooperating pursuant to interim directions given by this court.

In view of nature of allegations leveled against the petitioner, I am of the considered view that he is not entitled to concession of pre-arrest bail. His plea for bail is rejected. Petition is dismissed. April 05, 2018 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Ajay Kumar 2018.04.07 14:25 I attest to the accuracy and authenticity of this document