Full Judgment
CRM-M-1256 of 2014 1 IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH CRM-M-1256 of 2014 Date of decision : 23.01.2014 Chander Mohan ..Petitioner Versus State of Punjab ..Respondent CORAM: HON'BLE MRS.JUSTICE REKHA MITTAL Present: Mr.Sandeep Arora, Advocate for the petitioner.
Mr.Neeraj Sharma, AAG, Punjab assisted by Mr.Mrigank Sharma, Advocate for the complainant.
REKHA MITTAL, J.(ORAL) Prayer in the present petition is for grant of regular bail for offence under Sections 406, 420 of the Indian Penal Code registered at Police Station Division No.5, Jalandhar vide FIR No.223 dated 25.10.2013.
Counsel for the petitioner submits that allegations levelled against the petitioner at best constitute civil liability but it has been given the colour of crime to be used as pressure tactic by the complainant, an armed forces personnel.
It is further submitted that the petitioner was paid money by the complainant at different intervals and the entire account was settled and the complainant was issued a cheque in the sum of Rs.2 lacs at the time of said settlement.
It is further submitted that the complainant has already initiated proceedings under Section 138 of the Negotiable Instruments Act in regard to dishonour of said cheque.
The petitioner has been remanded to judicial custody and no longer required for the purpose of investigation but he will face proceedings in accordance with law.
Davinder Kumar 2014.01.24 17:38 I attest to the accuracy and integrity of this document CRM-M-1256 of 2014 2 Counsel for the State has conceded to the fact that presence of the petitioner is required during trial before the Court below wherein the report under Section 173 of the Code of Criminal Procedure (in short “the Code”.) has been submitted on completion of investigation.
However, counsel for the complainant would submit that money was paid to the petitioner for purchase of a house in the name of the complainant as the petitioner is a relative of one of the colleagues of the complainant but the petitioner has misappropriated a huge amount of Rs.9 lacs which was arranged by the complainant by seeking financial assistance through official process.
Challan has been presented in the Court after completion of investigation.
Offence is triable by the Court of Magistrate.
Conclusion of trial is likely to take its own time.
No useful purpose would be served by keeping the petitioner in custody for an indefinite period.
Without meaning to express any opinion on the merits of the controversy, bail to the petitioner subject to his furnishing bail bonds to the satisfaction of trial Court.
However, he shall remain bound by the following conditions:- (i)he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; and (ii)he shall not leave India without the previous permission of the Court.
(REKHA MITTAL) JUDGE January 23, 2014.
Davinder Kumar Davinder Kumar 2014.01.24 17:38 I attest to the accuracy and integrity of this document