Himachal Pradesh High Court
Raj Pal vs Of on 30 November, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP (M) No.2796 of 2023
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Decided on : 30.11.2023
Raj Pal ...Applicant
Versus
of
State of Himachal Pradesh ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
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Whether approved for reporting?1
For the applicant : Mr. Jagmohan Singh Chandel,
Advocate.
For the respondent : Mr. H.S. Rawat, Additional
Advocate General, assisted by
SI Jaswant Singh, Police
Station, Dhalli, District
Shimla, H.P.
Virender Singh, Judge (oral)
ApplicantRaj Pal, apprehending his arrest, in FIR No.201/2023, dated 17.10.2023, registered under Sections 406 and 420 of the Indian Penal Code (hereinafter referred to as 'the IPC') with Police Station, Dhalli, District Shimla, H.P., has filed the present application, under 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
::: Downloaded on - 01/12/2023 20:36:14 :::CIS 2Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC').
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2. By way of the present application, the indulgence of this Court has been sought to direct the I.O./police of Police Station, Dhalli, to release the applicant on bail, in the event of his arrest, in the above noted case.
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3. According to the applicant, he is an innocent person and has falsely been implicated, in the present rt case, as he has nothing to do with the offences, for which, he has been named, as accused, in the FIR, in question.
4. On the basis of the above facts, learned counsel for the applicant, has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, any direction is issued to the Police/Investigating Officer, under Section 438 Cr.PC.
5. On all these submissions, a prayer has been made to allow the application.
6. When put to notice, the police has filed the status report, disclosing therein that on 17.10.2023, complainant Seema Bekta, moved a written complaint against the applicant before Police Post, Sanjauli, Police ::: Downloaded on - 01/12/2023 20:36:14 :::CIS 3 Station Dhalli, mentioning therein that she is resident of the address, as mentioned in the complaint and is a home .
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6.1. According to the complainant, from the month of January 2022 to August 2022, she had deposited a sum of Rs.14,64,030/, under different schemes, with Pride Co of operative NACT Society Ltd., M.D. of which, was Rajpal (applicant) and its office was at Sanjauli.
rt 6.2. As per the complainant, it has also been assured by the Society that in case, the applicant requires the amount, prior to the date of maturity, the said amount can be withdrawn. The dates of maturity of the amount deposited by her, are different.
6.3. According to the complainant, for the last few days, she is not feeling well, as such, she has requested the M.D. of the Society, namely, Raj Pal (applicant), to release the amount, which has been deposited by her, but, Raj Pal (applicant), has not returned the amount.
6.4. According to the complainant, now, she came to know about the fact that the society has done the same act with a lot of people and has not returned the amount to ::: Downloaded on - 01/12/2023 20:36:14 :::CIS 4 her. She has requested to the police that action be taken against the Society, as well as, its M.D. Raj Pal.
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7. On the basis of the above facts, the FIR, in question, was registered and criminal machinery swung into motion.
8. During investigation, on 18.10.2023, a request of has been made to all the Nationalized Banks, to freeze the account of the Pride Cooperative NACT Society Ltd.
rt Sanjauli, as well as, its Managing Director Raj Pal (applicant). The other persons, who have also been defrauded, by the Society, have also been associated in the investigation of the case.
9. On 26.10.2023, Devinder Verma son of Shri M.R. Verma, resident of village Shivdhar, Post Office Majhar, Tehsil Theog, District Shimla, and other persons were also associated in the investigation, who had disclosed that the Society has defrauded them, for a sum of Rs.8,87,500/ and Rs.1,50,000/.
10. On 20.10.2023, the documents, with regard to registration of the Society, were obtained from the ::: Downloaded on - 01/12/2023 20:36:14 :::CIS 5 Registrar of Cooperative Society. On 30.10.2023, those documents were taken into possession.
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11. After perusing the said status report, interim protection was granted to the applicant, with a direction to join the investigation and the matter was adjourned for 6.11.2023.
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12. On 6.11.2023, the police filed the supplementary status report, disclosing therein that the rt applicant has joined the investigation on 4.11.2023 and notice, under Section 91 Cr.PC, was issued to him, to produce the relevant documents. He was also released on bail, as per the directions of this Court.
13. Thereafter, supplementary status report was again filed, by the police, on 20.11.2023, in which, it has been mentioned that the applicantaccused has produced the record pertaining to the investment of the amount, by different persons, as well as, documents pertaining to the liability of the Society, including the nondisbursed amount to the members, as well as, pertaining to the employees, working in the Society. The said record was taken into possession.
::: Downloaded on - 01/12/2023 20:36:14 :::CIS 614. During investigation, it has been found that the Society has to return Rs.2,89,43,870/ to the different .
investors.
15. It is the specific case of the police that applicant Raj Pal, has not provided the Ledger of Bank account of the Society and the Soft copy of the Data and of Audit report, to the Police.
16. In the status report filed on 24.11.2023, the rt same stand has been taken. Although, the applicant has joined the investigation, but, he has not produced the software, in which, they have collected the data, pertaining to the investors and assured the police that the same will be produced.
17. In the status report, which has been filed today, it has again been mentioned that the applicant has not produced the Ledger of the Bank account, as well as, the collected data of the investors and the Software, as well as, Audit report to the police.
18. It is the specific case of the police that on 29.11.2023, applicant Raj Pal was present, in Police Post Sanjauli. During investigation, he has produced two ::: Downloaded on - 01/12/2023 20:36:14 :::CIS 7 cheques bearing Nos.000029 and 000030, amounting to Rs.1,00,000/ each, of Bank of Baroda, pertaining to his .
Account No.56890100000081.
19. Complainant Seema Vekta, was also associated.
She has been apprised about the fact, however, she has refused to accept those cheques, on the ground that if the of applicant will give a cheque amounting to Rs.5,00,000/, which can be withdrawn, immediately, then she can accept rt the same, upon which, the cheques, which were produced, by the applicant, were returned to him.
20. On the basis of the above facts, a prayer has been made to dismiss the application.
21. Heard.
22. Although, the applicant has joined the investigation, but, according to the stand, taken by the Police, in the different status reports, the applicant has not produced the Software, in which, they have collected the Data, pertaining to the investors and the Software, as well as, Audit report to the police.
23. Moreover, the economic offences are different from the other offences. The custodial interrogation of a ::: Downloaded on - 01/12/2023 20:36:14 :::CIS 8 person, who is having the protection, under Section 438 Cr.PC, is not result oriented.
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24. Keeping in view the seriousness of the offences, this Court is of the view that the applicant is not able to make out a case for any relief, under Section 438 Cr.PC.
Consequently, the application is dismissed.
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25. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the rt merits of the case, as these observations, are confined, only, to the disposal of the present bail application.
( Virender Singh ) Judge November 30, 2023(ps) ::: Downloaded on - 01/12/2023 20:36:14 :::CIS