Ketan vs Of on 10 October, 2023

[Cites 8, Cited by 0]

Himachal Pradesh High Court

Ketan vs Of on 10 October, 2023

Bench: Virender Singh

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                      CrMPs(M) No. 2448 & 2449 of 2023




                                                                              .

                                            Decided on            :      10.10.2023


    CrMP (M) No. 2448 of 2023





    Ketan                                                                 ...Applicant

                                              Versus




                                                   of
    State of Himachal Pradesh ...Respondent
    ........................................................................................


    Pawan Kumar
                         rt
    CrMP (M) No. 2449 of 2023
                                                                          ...Applicant

                                              Versus

    State of Himachal Pradesh                                             ...Respondent



    Coram
    The Hon'ble Mr. Justice Virender Singh, Judge.




    Whether approved for reporting?1





    For the applicant(s)                :        Mr. Naveen              K.      Bhardwaj,
                                                 Advocate.





    For the respondent(s) :                      Mr.     Mohinder     Zharaick,
                                                 Additional Advocate General,
                                                 with    Ms.   Leena    Guleria,
                                                 Deputy    Advocate    General,
                                                 assisted by ASI Hari Chand,
                                                 Police Station Dhalli, District
                                                 Shimla, H.P.




    1
        Whether Reporters of local papers may be allowed to see the judgment? Yes.




                                                             ::: Downloaded on - 10/10/2023 20:36:19 :::CIS
                                          2

    Virender Singh, Judge. (Oral)

Apprehending their arrest, in case FIR No. 173

of 2023, dated 5th September, 2023, the applicants have filed the above-titled two applications, under Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC'), with a prayer to direct the Investigating of Officer/Police of Police Station Dhalli, District Shimla, H.P., to release them on bail, in the event of their arrest, in the rt aforesaid case.

2. As per the record, the said FIR has been registered, under Sections 420 and 120-B of the Indian Penal Code (hereinafter referred to as 'IPC').

3. The applicants have sought the relief, under Section 438 CrPC, on the ground that they are innocent persons and have falsely been implicated, in this case.

They have given the brief history, explaining the circumstances, in which, the FIR in question has been registered against them.

4. The applicants have also given certain undertakings, for which, they are ready to abide by, in ::: Downloaded on - 10/10/2023 20:36:19 :::CIS 3 case, any direction is issued to the Investigating Officer/police, under Section 438 CrPC.

5. When put to notice, the police has filed the status report, in this case, disclosing therein that a complaint was received from SP Office, Shimla, on 5 th September, 2023, wherein, complainant-Hem Dutt Sharma of has mentioned that he is the owner of vehicle No. HP-63D-

0609, model Ford Freestyle Titanium (hereinafter referred rt to as the 'car in question'). The car in question was put to sale on OLX.

5.1. Thereafter, one person, namely Ketan approached him, from Hamirpur, for purchasing the car in question. The said person requested him to bring the car for test drive at Ghanatti on 14th May, 2023 and apprised that he will bring the documents, pertaining to sale and purchase of the vehicle in question. Thereafter, the complainant, alongwith his son, had gone to 16 Miles, near Ghanatti. Ketan (applicant in CrMP (M) No. 2448 of 2023) and his father, Pawan Kumar (applicant in CrMP (M) No. 2449 of 2023) also came there. Applicant-Ketan took the test drive from 16 Miles to Kali Hatti.

::: Downloaded on - 10/10/2023 20:36:19 :::CIS 4

5.2. Thereafter, bargain was struck for a sum of ₹ 5,50,000/-, for the sale of the car in question. When, the .

payment was demanded, applicant-Ketan has replied in affirmative. On the basis of the said affirmation, the complainant has signed the agreement to sell, affidavit, no objection certificate and other blank papers and forms in of favour of applicant-Pawan Kumar.

5.3. After signing the papers, when the payment was rt demanded, then, it has been said that the payment will be made through cheque. As per the complainant, applicant-

Pawan Kumar induced him to believe that he is a businessman, having sufficient funds in his account, as such, he issued cheque No. 000002, dated 14 th May, 2023, in favour of the complainant, drawn at Kotak Mahindra Bank, Ambala, as full and final payment, for the car in question. When, the complainant came out of the shop, after making the payment of refreshment etc., both the applicants were not found there. Thereafter, the cheque was deposited by the complainant, in his bank account, which was also dishonoured.

::: Downloaded on - 10/10/2023 20:36:19 :::CIS 5

5.4. It is the further case of the complainant that both the applicants have taken away the car fraudulently.

On the basis of the above fact, a prayer has been made to take action against them.

5.5. On the basis of the above facts, police registered the case and the criminal machinery swung into motion. It of is the case of the police that the applicants got the vehicle in question transferred in their name fraudulently.

6. After perusing the status report, interim protection was granted to the applicants on 25th September, 2023, with a direction to them, to appear before the Investigating Officer, on 27th September, 2023, at 11.00 a.m., and the matter was adjourned for 29 th September, 2023.

7. On 29th September, 2023, supplementary status report has been filed, disclosing therein that despite directions of this Court, the applicants have not joined the investigation.

8. In the status reports, the detailed history of the criminal cases, registered against the applicants, has also been mentioned, which is as under:

::: Downloaded on - 10/10/2023 20:36:19 :::CIS 6

Applicant-Ketan Kumar:

FIR No. 21/15, dated 4th December, 2015, under Sections 354 506, 34 IPC, wherein the .

applicant has been acquitted.

Applicant-Pawan Kumar:

1. FIR No. 30/92, dated Pending in 08.05.92, u/s 420 IPC, Court at PS Bharari, Distt. Ghumarwin Bilaspur of

2. FIR No. 202/95, dated Pending in 04.09.95, u/s 279, 427 Court at IPC, PS Sarkaghat, Distt. Sarkaghat rt Mandi

3. FIR No. 197/05, dt. Pending in 21.11.05, u/s 419, 420, Court at Dehra 468, 170, 120 (B) IPC, PS Jawalamukhi, Distt. Kangra

4. FIR No. 110/07, dt. Pending in 17.09.07, u/s 420 , 465, Court at 467, 471, 120 (B) IPC, Ghumarwin PS Bharari, Distt.

Bilaspur

5. FIR No. 111/07, dt. Pending in 17.09.07, u/s 420 , 465, Court at 467, 468, 419, 471, 120 Ghumarwin (B) IPC, PS Bharari, Distt. Bilaspur

6. FIR No. 135/07, dt. Pending in 17.09.07, u/s 420, 467, Court at 468, 419, 471, 120 (B) Jhandutta IPC, PS Talai, Distt.

Bilaspur

7. FIR No. 09/08, dt. Pending in 05.07.08, u/s 420, 467, Court at 468, 471, 120 (B) IPC, Jogindernagar PS Padhar, Distt. Mandi

8. FIR No. 196/08, dt. Pending in 05.07.08, u/s 467, 468, Court at ::: Downloaded on - 10/10/2023 20:36:19 :::CIS 7 471IPC, PS Sarkaghat, Sarkaghat Distt. Mandi

9. FIR No. 273/08, dt. Pending in .

05.07.08, u/s 420, 467, Court at 468, 471, 120 (B) IPC, Sundernagar PS Sundernagar, Distt.

Mandi

10. FIR No. 319/08, dt. Pending in 05.07.08, u/s 420, 467, Court at Mandi 468, 471, 120 (B) IPC, PS Sadar Mandi, Distt.

of Mandi

11. FIR No. 65/09, dt. -

18.02.09, u/s 467, 468, rt471, 120 (B) IPC, PS Sadar Hamirpur, Distt.

Mandi

12. FIR No. 26/11, dt. Pending in 19.02.11, u/s 420, 120 Court at (B) IPC, PS Dharamshala Dharamshala, Distt.

Kangra

13. FIR No. 163/11, dt. Pending in 05.07.11, u/s 420, 406, Court at 120 (B) IPC, PS Sadar Bilaspur Bilaspur

14. FIR No. 113/13, dt. Pending in 12.12.13, u/s 420, 406, Court at 120 (B) IPC, PS Bharari, Ghumarwin Distt. Bilaspur

15. FIR No. 249/13, dt. Pending in 18.12.13, u/s 420, 120 Court at (B) IPC, PS Ghumarwin, Ghumarwin Distt. Bilaspur

16. FIR No. 11/23, dt. Pending in 01.02.23, u/s 174(A) Court at IPC, PS Bhoranj, Distt. Hamirpur Hamirpur ::: Downloaded on - 10/10/2023 20:36:19 :::CIS 8

9. Despite the interim protection granted to the applicants, they have not joined the investigation.

Meaning thereby, they have no respect for the law and they are not cooperating with the Investigating Officer, in the investigation of the case.

10. Since, the vehicle in question is yet to be of recovered, as such, it would be just and appropriate for this Court to dismiss the bail applications, as, the rt custodial interrogation is more result oriented than the investigation from the person, who is having the protection of the Court, under Section 438 CrPC, in his favour.

11. Considering all these facts, both the bail applications are dismissed.

12. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail applications.

( Virender Singh ) Judge October 10, 2023 ( rajni ) ::: Downloaded on - 10/10/2023 20:36:19 :::CIS

Unlock Advanced Research with PRISMAI

Himachal Pradesh High Court