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High Court of Punjab and HaryanaCRM-M/61188/2024dismissed

Rajesh Kumar v. Ut Of Chandigarh

2025-02-07Mr. Justice Sanjay Vashisth3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 202+204 1.

CRM-M-61188-2024 Decided on : 07.02.2025 Rajesh Kumar . . . Petitioner(s)

Versus

State of UT Chandigarh . . . Respondent(s) 2.

CRM-M-56413-2024 Jitender Pal Singh . . . Petitioner(s)

Versus

State of UT Chandigarh . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Himanshu Garg, Advocate and Mr. Aditya Sanghi, Advocate for the petitioner(s) (in CRM-M-61188-2024).

Mr. Rajiv Kataria, Advocate for the petitioner(s) (in CRM-M-56413-2024).

Mr. J.S. Toor, APP, UT, Chandigarh.

**** SANJAY VASHISTH , J. (Oral) 1.

CRM-M-61188-2024, has been filed by the petitioner - Rajesh Kumar, for grant of anticipatory bail, in case FIR No.08, dated 01.02.2020, under Sections 420, 467, 468, 471 and 120-B of IPC, registered at Police Station Sector 19, Chandigarh, whereas, CRM-M-56413-2024, has been filed by the petitioner - Jitender Pal Singh, for grant of regular bail in the same FIR case.

2.

Allegation against both the petitioner(s)/accused are that both of them in connivance with some other accused played fraud with the Bank for the purpose of obtaining loan amount of Rs.20.00 lacs. In furtherance to the

- 2 - conspiracy and the plan, a fake firm in the name of M/s Glob/Global Automobiles Pvt. Ltd. was opened, and thereafter, a Toyota Fortuner Car, amounting to Rs.23,90,733/- was booked by Jitender Pal Singh, by submitting a fake proforma invoice. Car loan was applied by co-accused Jitender Pal Singh and ultimately, the accused persons succeeded in getting the loan sanctioned in connivance with one Ratan Singh (then Manager of the Bank) and thereupon, an amount of Rs.20.00 lakhs was credited in the Bank account of the firm, which in fact, was a fake firm. After crediting the loan amount of Rs.20.00 lacs in the bank account of the firm, accused Rajesh Kumar, transferred Rs.13.00 lacs in the account of co-accused Jitender Pal Singh (petitioner in CRM-M-56413-2024) and another set of amount i.e. Rs.6.80 lacs was withdrawn by accused - Rajesh Kumar through a self cheque No. 621402, dated 06.03.2024.

3.

Prima facie, it appears that the sufficient material in the shape of documents is already there with the prosecution agency and the coaccused - Jitender Pal Singh, is there in custody for the last more than four months, and after investigation of the case, final report/challan qua him has already been submitted.

It is admitted position by learned counsel for the accused/petitioner - Jitender Pal Singh and learned APP, UT Chandigarh, that out of the total amount of Rs.13.00 lacs, which as per allegations was received by Jitender Pal Singh in his pocket, an amount of Rs.8.00 lacs, has already been deposited with the Bank.

Besides, it is also informed to the Court that accused/petitioner - Jitender Pal Singh is not involved in any other similar activity of defrauding the general public and public offices/agencies.

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In view of the above, accused/petitioner - Jitender Pal Singh (in CRM-M-56413-2024) is ordered to be released on interim regular bail to enable him to repay or take necessary steps to repay the balance loan amount, which, in fact, belongs to no one else except the general public. 5.

Accordingly, he be released on interim regular bail in this case, subject to his furnishing bail/surety bonds to the satisfaction of the learned Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned, if not required in any other case.

CRM-M-56413-2024, list again on 25.03.2025, for further proceedings.

6.

As far as the anticipatory bail of accused/petitioner - Rajesh Kumar (in CRM-M-61188-2024) is concerned, obviously he has actively participated in the crime and received an amount of Rs.6.80 lacs in cash through self cheque No.621402, dated 06.03.2014, therefore, no ground is there for granting him concession of anticipatory bail. Accordingly, petition qua accused/petitioner - Rajesh Kumar i.e. CRM-M-61188-2024, stands dismissed.

Photocopy of this order be placed on the file of other connected cases.

(SANJAY VASHISTH) JUDGE February 07, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No