High Court of Punjab and HaryanaCRM-M/54804/2022disposed of

Raman @ Rishi Pal v. State Of Haryana

2022-12-14Mr. Justice Gurbir Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.207 Case No. : CRM-M-54804-2022 Date of Decision : December 14, 2022 Raman @ Rishi Pal ....

Petitioner vs.

State of Haryana ....

Respondent CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.

* * * Present :

Mr. Rajesh Bansal, Advocate for the petitioner.

Mr. Karan Sharma, DAG, Haryana.

* * * GURBIR SINGH , J.

This is a petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.0126 dated 31.05.2022, under Sections 420, 467, 468, 471 IPC, 1860 (Section 406, 506, 201 IPC added later on), registered at Police Station Sanoli, District Panipat (Annexure P-1). On the last date of hearing i.e. 01.12.2022, learned State Counsel sought time to file Status Report. Pursuant thereto, Status Report by way of affidavit of Om Parkash, HPS, Deputy Superintendent of Police, Samalkha, District Panipat has been filed.

The case of the prosecution is that the complainant Shri Ram along with another complainant Sandeep Kumar Sharma, moved a joint application for initiating action against the petitioner and others with the allegations that they cheated the complainant for an amount of Rs.6,07,000/- on the pretext of securing government job for them. According to the

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contents of the complaint, the petitioner took an amount of Rs.3,27,000/- from Shri Ram in the year 2018 on the pretext that he would get him employment as a Peon in HSSC Panchkula and even handed over an appointment letter asking him to join later i.e. on 03.06.2019. But when on 03.06.2019, Shri Ram went to join his new job, he came to know that the appointment letter was fake. On asking the petitioner about the same, the petitioner gave back his money through cheque amounting to Rs.3,27,000/- but the said cheque was dishonoured on presentation. In the same manner and on similar promise of getting employment, the petitioner also received Rs.2,80,000/- from another complainant Sandeep Kumar Sharma but when the petitioner could not arrange the employment for him, he returned his money of Rs.2,80,000/- through cheque which was also dishonoured on presentation.

Learned State counsel, while opposing the prayer made by learned counsel for the petitioner to grant concession of regular bail, submitted that the petitioner has committed fraud with the innocent people and allegation of dishonouring of cheques issued by him is also there in the present case.

I have heard learned counsel for the parties and perused the case file.

Keeping in view the fact that the petitioner is in custody since 12.07.2022. The challan has already been presented. The case is triable by the Court of learned Magistrate. Since the completion of trial will take long

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time, no useful purpose would be served by keeping the petitioner behind bars anymore.

Accordingly, without commenting upon the merits of the case, the present petition is allowed and the petitioner is directed to be released on regular bail, subject to the satisfaction of learned Trial Court/Duty Magistrate, Panipat.

December 14, 2022 (GURBIR SINGH) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.