Punjab-Haryana High Court
Deepak Kumar vs State Of Punjab on 7 December, 2021
Author: Avneesh Jhingan
Bench: Avneesh Jhingan
CRM-M-50983 of 2021 [1]
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CRM-M-50983 of 2021
Date of decision: 07.12.2021
Deepak Kumar
Petitioner
Versus
State of Punjab
Respondent
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present: Mr. Rakesh Gupta, Advocate for the petitioner.
Ms. Samina Dhir, DAG, Punjab.
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AVNEESH JHINGAN, J (Oral):
The petitioner aggrieved of the orders rejecting the prayer for grant of anticipatory bail in FIR No. 172 dated 16.11.2021, under Sections 420 and 120-B IPC, registered at Police Station Dakha, District Ludhiana.
The FIR was got registered by Harwinder Singh, whose father was working as Watchman in Markfed. Deepak Kumar (petitioner) was also working as Watchman in Markfed and he told the father of the complainant that he has acquaintance with higher officers and can arrange job in FCI through those higher officials. In March, 2020 the complainant met the petitioner and meeting was arranged with Satwinder Kaur who told the complainant that her husband is a police officer and her close relative is also a higher police officer who will help to secure the job in FCI. In April, 2020 the petitioner and his neighbour Chirag along with Satwinder Kaur and her son Kushal met the complainant. They assured complainant for 1 of 3 ::: Downloaded on - 16-01-2022 16:03:44 ::: CRM-M-50983 of 2021 [2] securing job of Assistant Grade-III in FCI and a sum of Rs.10,00,000/- was demanded. The petitioner along with Kushal, Satwinder Kaur and Chirag visited the house of the complainant and were given Rs.6,40,000/-. After receiving the money, the petitioner took the complainant on various occasions to Chandigarh on the pretext of completing documentation. In the meantime, more money was demanded by the petitioner and one of his accomplice. The complainant was handed over an appointment letter. The petitioner took the complainant to Banour for seven days where his presence used to be marked outside the FCI depot and thereafter to Sangrur depot. Jagdeep Singh resident of village Bhikhi used to come outside the depots at Banour and Sangrur and after making the presence of the complainant and others, he used to return. The complainant and others were taken to FCI depot at Sunam where their joining documents were filled. The petitioner took the original joining letter from the complainant and handed over to him photo copy. As no charge was handed over to the complainant, Sukhwant Singh assured that they are required to attend office for training and thereafter they will be assigned duty. Neither the complainant got the job nor the money back.
Learned counsel for the petitioner submits that the story put forth is improbable as father of the complainant was also a Watchman in Markfed and he could have assured as to whether the petitioner could arrange a job for his son or not. It is argued that as per the allegations, only Rs.1,40,000/- were given to the petitioner whereas rest of the amount was deposited in the account of the co-accused. The contention is that the petitioner is not involved in any other case. It is further argued that the 2 of 3 ::: Downloaded on - 16-01-2022 16:03:44 ::: CRM-M-50983 of 2021 [3] petitioner himself was a victim as he had paid Rs.4,00,000/- to Satwinder Kaur for his promotion.
Learned counsel for the State appearing on advance notice opposes the prayer for grant of anticipatory bail. She submits that during enquiry attendance register and photo copy of the appointment letter given to the complainant were produced, custodial interrogation is required to unearth as to how far the roots of the scam are spread.
It is not merely a case of duping the complainant of the money. From the modus operandi, it appears that it is a well planned web laid down by the co-accused, appointment letter was handed over to the complainant, he was taken to various FCI depots where his presence was marked, complainant was shown appointment letters of other similarly situated persons. Considering the seriousness of allegations and that the things were operating like a well oiled machine to dupe the people, it is a case where custodial interrogation is required to unearth other aspects involved.
The petition is dismissed.
[AVNEESH JHINGAN] JUDGE 7th December, 2021 mk
1. Whether speaking/ reasoned : Yes
2. Whether reportable : Yes 3 of 3 ::: Downloaded on - 16-01-2022 16:03:44 :::