Punjab-Haryana High Court
Manish Vij And Another vs State Of Haryana on 27 August, 2013
Author: Naresh Kumar Sanghi
Bench: Naresh Kumar Sanghi
Crl.Misc.No.M-28205 of 2013 1
In the High Court of Punjab and Haryana at
Chandigarh.
Crl.Misc.No.M-28205 of 2013
Date of Decision:- 27.08.2013
Manish Vij and another
...Petitioner
Versus
State of Haryana.
...Respondent
CORAM : HON'BLE MR.JUSTICE NARESH KUMAR SANGHI.
Present: - Mr.P.S.Hundal, Senior Advocate, with
Mr. Dinesh Trehan, Advocate, for the
petitioners.
***
NARESH KUMAR SANGHI,J.
Prayer in this petition is for grant of anticipatory bail to the petitioners, Manish Vij and Shivani Vij, who have been booked for having committed the offences punishable under Sections 406, 408, 420, 468, 471 read with Section 120-B, IPC, in a case arising out of FIR No. 109, dated 11.04.2013, registered at Police Station, Line Par, Bahadurgarh, District Jhajjar.
Learned counsel contends that the whole amount was transferred through bank transaction; that though the petitioners were serving in the company but they had resigned, keeping in view the illegal activity going there; that the petitioners were not beneficiaries, therefore, no offence was committed by them; that the bail application of the petitioners has been dismissed by the Aggarwal Anoop Kumar 2013.08.27 17:23 I attest to the accuracy and integrity of this document High court Chandigarh Crl.Misc.No.M-28205 of 2013 2 learned Additional Sessions Judge, Jhajjar, mainly on the ground that recovery of the money is to be effected from them and the said ground is not sufficient for declining the concession of bail to the petitioners since the recovery of the money cannot link the petitioners with the alleged offences.
I have heard learned counsel for the petitioners and with his able assistance, gone through the material available on record.
According to the allegations, the petitioners had floated several companies in their own names and in the names of their children. The money received from those companies was not adjusted towards the outstanding amount of `3.08 crores. The petitioners were exporting the goods in the names of their fictitious companies and were importing the other goods. It has also come on record that the petitioners used to export the goods without there being actual deal. In spite of the interim direction granted by the learned Additional Sessions Judge, Jhajjar, the petitioners did not hand over the complete documents to the Investigating Officer. During investigation, it has come on record that a sum of `3.08 crores was outstanding in the case of the complainant-company but due to non-cooperative attitude of the petitioners, the trail of the same could not be traced. It has also come on record that in spite of the resignation of petitioner Manish Vij from M/S. HSIL Ltd., on 26.01.2012, he had been representing and exporting the goods to the importers on behalf of HSIL Ltd. The custodial interrogation of the petitioners appears Aggarwal Anoop Kumar 2013.08.27 17:23 I attest to the accuracy and integrity of this document High court Chandigarh Crl.Misc.No.M-28205 of 2013 3 to be justified in this case to unearth the big scam being carried out by them.
The judgment cited by the learned counsel for the petitioners in Paras Versus State and another, 1978 CriLJ 634, is not applicable to the facts and circumstances of the case, therefore, the petitioner cannot derive any benefit from this authority.
Keeping in view the facts and circumstances of the present case, particularly the magnitude of the offences committed by the petitioner, no ground for grant of anticipatory bail to the petitioners is made out.
Dismissed.
(NARESH KUMAR SANGHI) JUDGE 27.08.2013 Anoop Aggarwal Anoop Kumar 2013.08.27 17:23 I attest to the accuracy and integrity of this document High court Chandigarh