Punjab-Haryana High Court
Ravinder vs State Of Haryana on 26 April, 2018
Author: H.S. Madaan
Bench: H.S.Madaan
CRM-M-13762-2018 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-13762-2018
Date of decision:-26.4.2018
Ravinder
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR.JUSTICE H.S.MADAAN
Present: Mr.Rakesh Bhatia, Advocate
for the petitioner.
Mr.Neeraj Poswal, AAG, Haryana.
****
H.S. MADAAN, J.
This petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner - Ravinder, an accused in FIR No.555 dated 14.7.2017, under Sections 408, 420, 411, 120-B IPC and Section 13 of Gambling Act, registered at Police Station Civil Lines, District Karnal.
Briefly stated, facts of the case as per prosecution version are that Kapil Kumar and Ravinder Kumar (present petitioner) happened to be employees of company Secure Value India Ltd. and they had been entrusted with an amount of Rs.1,90,42,800/- for filling cash in ATM machines of the different banks in the city, but that amount was embezzled by them. When the matter was investigated, involvement of 1 of 3 ::: Downloaded on - 06-05-2018 01:30:48 ::: CRM-M-13762-2018 -2- several other persons, namely, Manish Kumar @ Mannu was found to be there. It further transpired that accused Kapil Kumar and Ravinder Kumar had lost a sum of Rs.35 lakhs in betting of cricket matches of IPL-2017. Formal FIR was registered.
Apprehending his arrest in this case, the petitioner had approached the Court of Sessions seeking grant of pre-arrest bail by filing an application, however, his such request was declined by learned Additional Sessions Judge, Karnal vide order dated 19.2.2018. As such, the petitioner has approached this Court asking for similar relief.
Notice of the petition was given to respondent - State, which put in appearance through counsel.
I have heard learned counsel for the parties besides going through the records and I do not find any merit in the present petition.
Pre-arrest bail is such a relief which is to be granted in exceptional circumstances and not in routine. The allegations against the petitioner are very grave and serious that he along with co-accused Kapil Kumar had embezzled amount of Rs.1,90,42,800/- which had been entrusted to them by the company for putting the cash amount in ATM Machines of the region. It has come during investigation that Ravinder Kumar along with Kapil Kumar had put a sum of Rs.35 lakhs in betting in IPC 2017 Cricket matches and had lost the said amount.
Custodial interrogation of the petitioner is definitely required for complete and effective investigation to effect the recovery of the amount and to find out the details of the scam. In case custodial interrogation of the petitioner is denied to the investigating agency that 2 of 3 ::: Downloaded on - 06-05-2018 01:30:49 ::: CRM-M-13762-2018 -3- would leave many loose ends and gaps in the investigation affecting the investigation being carried out adversely, which is not called for.
Thus finding no merit in the petition, the same stands dismissed.
26.4.2018 (H.S.MADAAN)
Brij JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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