CRM-M-42586-2019 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-42586-2019
Date of decision: 15.10.2019
Shiv Kumar and others
… Petitioners
Vs.
State of Punjab
… Respondent
CORAM: HON’BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Anil Chawla, Advocate
for the petitioners.
Mr. Joginder Pal Ratra, DAG, Punjab.
Mr. Gazi Mohd. Umair, Advocate
for the complainant.
*******
ARVIND SINGH SANGWAN, J. (ORAL)
Prayer in this petition is for grant of anticipatory bail in FIR
No.032 dated 21.04.2018 under Section 406 IPC, registered at Police Station
Sadar Ahmedgarh, District Sangrur.
Learned counsel for the petitioners submits that as per allegations
in the FIR, registered at the instance of complainant Harjinder Singh, it is stated
that he is owner of a retail construction company and is also a contractor with
telecom company, wherein he has to lay wires underneath the earth and for this
purpose, he has employed labours. It is further stated in the FIR that accused
1 of 3
16-10-2019 23:47:22 :::
CRM-M-42586-2019 -2-
persons, after taking the amount, had failed to perform the work of laying the
wires and in that process, machinery like HDD machine, truck, motorcycle,
tractor and trolley etc. were taken by the accused persons and they have gone to
UP. It is further submitted that in fact, as per agreement between the petitioners
and complainant, the amount was entrusted to the petitioners and the work was
to be executed at Allahabad and therefore, no offence under Section 406 IPC is
made out, as it is primarily a civil dispute.
In reply, learned State counsel, on instructions from ASI Gorakh
Nath and assisted by learned counsel for the complainant, has opposed the
prayer for bail on the ground that the petitioners, on the pretext of performing
the work of laying the underground wires, have cheated the complainant and in
that process, they have taken Rs.2.00 lacs from the complainant along with the
machinery, which is detailed in the FIR. It is further submitted that the
petitioners, in order to avoid their liability towards the complainant, have
registered an FIR No.103 dated 06.11.2017 against the complainant in Police
Station Dadon, District Aligarh under Sections 323, Section504, Section506 IPC, which shows
intention of the petitioners that they never wanted to perform their part of the
contract and since the beginning, they had the intention to cheat the
complainant.
After hearing learned counsel for the parties, finding that there are
serious allegations against the petitioners, who have not only taken the cash
from the complainant, but have also taken the machinery under the garb of an
agreement to lay the underground wires and rather, registered an FIR against
the complainant to deter him from recovering the amount, I find that custodial
interrogation of the petitioners is required.
2 of 3
16-10-2019 23:47:22 :::
CRM-M-42586-2019 -3-
In view of the above, finding no ground to grant anticipatory bail to
the petitioners, present petition is dismissed.
[ ARVIND SINGH SANGWAN ]
15.10.2019 JUDGE
vishnu
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
3 of 3
16-10-2019 23:47:22 :::