Punjab-Haryana High Court
Kuldeep Singh vs State Of Punjab on 30 August, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:112842
CRM-M-62559-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-62559-2023
Reserved on: 05.08.2024
Pronounced on: 30.08.2024
Kuldeep Singh ...Pe oner
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. S.K. Bishnoi, Advocate, for the pe oner.
Mr. Malkiat Singh, DAG, Punjab.
Mr. Tejeshwar Singh, Advocate, for the complainant.
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ANOOP CHITKARA, J.
FIR No. Dated Police Sta1on Sec1ons 66 22.04.2019 Cantonment, Dis0. 420, 408 and 120-B IPC Amritsar, Punjab.
1. The pe oner apprehending arrest in the FIR cap oned above has come up before this Court under Sec on 438 CrPC, seeking an cipatory bail.
2. In paragraph 13 of the bail pe on, the accused declares that he has no criminal antecedents.
3. The prosecu on's case is being taken from status report dated 13.02.2024 filed by the concerned Assistant Commissioner of Police, which reads as follows:-
"4. That it is submi ed that as per the report furnished by SHO PS Cantonment, Amritsar, registra on of the aforesaid FIR No. 66 dated 24.04.2019 (supra) was a consequence of the thorough enquiry conducted by the SHO, P.S. Cantonment, Amritsar qua the applica on bearing No.2897/COP dated 30.05.2018 given in the office of the Commissioner of Police, Amritsar by the complainant Ashwani Kumar, Territory Manager of M/S IIFL Gold Loan Branch, Amritsar. Based upon the thorough enquiry conducted, wherein the present pe oner and other effected person were joined and their respec ve statements were recorded by the enquiry officer, it was revealed that Sunil Arora was working as Manager and present pe oner Kuldeep Kumar was working as Customer Care 1 1 of 4 ::: Downloaded on - 01-09-2024 02:44:24 ::: Neutral Citation No:=2024:PHHC:112842 CRM-M-62559-2023 Execu ve (Gold Valuer) in the aforesaid IIFL Gold Loan branch, Amritsar. This company was indulging in lending money on interest to public against their gold. They both commi ed fraud with the company as they both had taken fake gold or gold of inferior quality from different customers and had not made entries in the accounts of the customers qua the amounts of installments being received from them. The verifica on thereof was made by the customers and complainant Ashwani Kumar joined the enquiry and recorded their respec ve statements. It was also revealed that the keys of the lockers, wherein gold of the customers was being kept, used to remain with the present pe oner Kuldeep Singh and Sunil Arora Manager, who have commi ed fraud of total amount Rs.11,15,637/- with the company and customers. Therefore, the enquiry officer had recommended for registra on of an FIR against the present pe oner Kuldeep Singh and Sunil Arora Manager. The legal opinion was obtained thereupon from the Deputy District A orney (Legal), Amritsar, who opined for registra on of an FIR under Sec on 420, 408, 120B IPC against the present pe oner Kuldeep Singh and Sunil Arora Manager. Therefore, the aforesaid FIR No. 66 dated 22.04.2019, under Sec on 420/408/120-B IPC, PS Cantonment, Amritsar was registered. The detailed facts of the complaint and enquiry report men oned in the translated copy of the aforesaid FIR No. 66 dated 22.04.2019 annexed as Annexure P/1 with the present pe on may kindly be read as part of contents of this paragraph as the same are not reproduced for the sake of brevity."
4. The pe oner's counsel has argued on the following grounds:
"The things came in light in internal enquiry that the Sunil Kumar manager and Kuldeep Kumar Valuer by keeping gold of customers but not keeping the original gold in bank, or keeping spurious gold, or, keeping lesser quality/carat gold in bank in place of original, receiving installments of the loans from customers and not deposi ng the same in loan account of customers and keeping the amount with ownself, have commi0ed chea ng with the customers and the bank'. The pe oner Kuldeep Singh was posted as gold loan valuer, there is no allega ons that pe oner cer fied the spurious gold as genuine gold, allega ons transpired a=er internal enquiry that the Sunil Arora i.e. Branch Manager and Kuldeep Singh replaced the genuine gold with spurious gold from the lockers. So the allega ons are not a0ributable to pe oner, as it is not his duty to keep lockers keys, supervise them etc. The manager was custodian of keys, no keys were handed over any point of me to pe oner. Pe oner has to forward the gold to next table of manager to get it sealed and keep in lockers, so no role of 2 2 of 4 ::: Downloaded on - 01-09-2024 02:44:25 ::: Neutral Citation No:=2024:PHHC:112842 CRM-M-62559-2023 pe oner is possible in crime.
Subsequent conduct is important a=er commission of crime: During internal enquiry by the company, Pe oner par cipated and co-operated, nothing came out against pe oner, rather everything in enquiry was found against Sunil Arora Manger, pe oner resigned on 18th March 2018. Therea=er on 4th June 2018 company sent the termina on le0er on email id of pe oner (Annexure P-2), in that also all misconduct has been showed to be done by Branch Manager in his cabin (Based on CCTV of office), the Said branch manager has ran away from his house a=er selling and not traceable, so subsequent conduct also points finger towards him. The allega ons are omnibus like 'Branch Manger Sunil Arora and the Kuldeep has done so' nothing a0ributable and corrobora ng is there."
5. The pe oner's counsel prays for bail by imposing any stringent condi ons and contends that further pre-trial incarcera on would cause an irreversible injus ce to the pe oner and their family.
6. The State opposes bail and has referred to para 8 of the status report dated 13.02.2024, which reads as follows:
"8. That it is respecEully submi ed that keeping in view the totality of the facts and submissions made hereinabove, it is evident that the present pe oner Kuldeep Singh in connivance with the co-accused Sunil Arora has commi ed fraud and embezzlement of Rs.11,15,637/- with the complainant company and some customers. Sufficient incrimina ng evidence is available on record against the present pe oner Kuldeep Singh in the present case FIR No.66 dated 24.04.2019 (supra). The embezzled amount is yet to be recovered in this case. The custodial interroga on of the pe oner Kuldeep Singh is genuinely required for fair and proper inves ga on in the present case FIR No.66 dated 24.04.2019 (supra). As such, the present pe oner Kuldeep Singh is not en tled to the discre onary relief of an cipatory bail."
7. Given the me lag, the quality of evidence, penal provisions invoked coupled with the prima facie analysis of the nature of allega ons and the other factors peculiar to this case, there would be no jus fiability for custodial interroga on or the pre-trial incarcera on at this stage. Without commen ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men oned above, the pe oner makes a case for bail. This order shall come into force from the me it is uploaded on this Court's official webpage.
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8. Given above, provided the pe oner is not required in any other case, the pe oner shall be released on an cipatory bail in the FIR cap oned above subject to furnishing bonds to the sa sfac on of the Arres ng Officer, and if the ma0er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep ng the surety, the concerned Officer/Court must be sa sfied that if the accused fails to appear, such surety can produce the accused.
9. While furnishing a personal bond, the pe oner shall men on the following personal iden fica on details:
1. AADHAR number
2. Passport number (If available) and when the a0es ng officer/court considers it appropriate or considers the accused a flight risk.
3. Mobile number (If available)
4. E-Mail id (If available)
10. This order is subject to the pe oner's complying with the following terms. The pe oner shall abide by all statutory bond condi ons and appear before the concerned Court(s) on all dates. The pe oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuades them from disclosing such facts to the Police or the Court.
11. Any observa on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.
12. A cer fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe oner can download this order along with case status from the official web page of this Court and a0est it to be a true copy. If the a0es ng officer wants to verify its authen city, such an officer can also verify its authen city and may download and use the downloaded copy for a0es ng bonds.
13. Pe11on allowed in terms men oned above. All pending applica ons, if any, stand disposed of.
(ANOOP CHITKARA)
JUDGE
30.08.2024
Jyo -II
Whether speaking/reasoned: Yes
Whether reportable: No.
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