Delhi High Court
Gurvinder Singh vs State & Anr. on 31 December, 2009
Author: V. K. Jain
Bench: V.K. Jain
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Bail Application No. 2510/2009
% Pronounced on:31st December 2009
# GURVINDER SINGH ..... Petitioner
! Through: Mr. Deepak Saini, Adv.
versus
$ STATE & ANR. ..... Respondents
! Through: Mr. Jaideep Malik, APP
with Insp. Shyam Sunder and ASI
Rajender, P.S. O.I.A for R-1.
* CORAM:
HON'BLE MR. JUSTICE V.K. JAIN
1. Whether the Reporters of local papers
may be allowed to see the judgment? Yes
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be
reported in the Digest? Yes
: V.K. JAIN, J. (ORAL)
1. This is a petition for grant of anticipatory bail. A perusal of the status report filed by the respondent would show that the complainant was running a partnership firm alongwith Sudhanshu Gautam under the name and style of M/s. Alpine Star Marketing. The complainant was also a partner in that firm. Sudhanshu Gautam asked the complainant to purchase a Scorpio vehicle in his name and get a loan sanctioned. The complainant Rakesh Verma applied for a loan from ICICI bank. The cheque Bail Appln. Nos. 2510/2009 Page 1 of 4 issued by ICICI bank towards loan was however deposited in the account of the firm. The case of the prosecution is that it was the petitioner Gurvinder Singh, who impersonated as Rajiv Kapoor, got a fake R.C. prepared in that name and got released the loan of Rs.4,85,000/-. The amount of the cheque issued by ICICI bank and deposited in the account of the firm was then transferred in the name of Rajneesh, co-accused of the petitioner. The vehicle was, however, not handed over to the complainant.
2. A perusal of the record of the registering authority has revealed that this vehicle was then registered in the name of Indersen Yadav and was got transferred in the name of Rajiv Kapoor on 28th November, 2008. The vehicle was transferred in the name of Rajinder on 23rd December, 2008. On visiting the address of Rajinder, the Investigating Officer came to know that there was no person in that village namely Rajinder.
3. The co-accused of the petitioner was granted interim bail subject to his furnishing bank guarantee in the sum of Rs.6,00,000/-. Since, he did not furnish bank guarantee, the anticipatory bail has not been availed by him.
4. A perusal of the document collected during investigation would show that the PAN card given for registration of the vehicle bears photograph of the petitioner. Similarly, the application for registration of the vehicle also bears photographs of the petitioner. The name has, however, been shown as Rajiv Bail Appln. Nos. 2510/2009 Page 2 of 4 Kapoor on both these documents. Thus, prima facie it appears that the petitioner impersonated as Rajiv Kapoor and got the vehicle registered in an assumed name.
5. The complainant was sanctioned a loan of Rs.4,85,000/- by ICICI bank for purchase of the above referred vehicle. The vehicle has, however, not been delivered to the complainant and is stated to be in possession of one of the accused persons. Neither, the vehicle has been recovered so far nor the amount, which was obtained from ICICI bank has been refunded to the bank or to the complainant.
6. The status report also shows that the petitioner has already been declared a Proclaimed Offender vide order dated 18 th December, 2009 after publication of the process under Section 82 of Cr.P.C.
7. In Bail Applications No. 1355, 1588 and 1926 of 2009, this Court, inter alia held as under:-
"In my view, a person who is absconding despite rejection of his application for anticipatory bail by the court of Sessions and despite issue and publication of process against him under section 82 of Cr.PC, is not entitled to grant of anticipatory bail save in an exceptional case, justifying departure from this principle. But for existence of peculiar and special facts and circumstances of a given case, the Court would not be justified in considering the anticipatory bail application of such a person on merits. A person who is found to be absconding, ordinarily, is not entitled to grant of such a discretionary relief. He must surrender before the concerned court and seek regular bail. If anticipatory bail is granted to a person who is evading the process of law by absconding, Bail Appln. Nos. 2510/2009 Page 3 of 4 despite rejection of his petition for grant of anticipatory bail and publication of proclamation against him under section 82 of Cr.PC, that would encourage the criminals to go underground, evade the process of law by adopting dubious means.
In Jagtar Singh vs. Satendra Kaur 2002(6) Scale, the Hon'ble Supreme Court observed that normally when the accused are absconding, there is no question of granting anticipatory bail or regular bail. In State of Maharashtra vs. Mohd. Sajid Hussain 2008(1) SCC (Crl.) 176, the Hon'ble Supreme Court, while examining the principles governing grant of anticipatory bail, held that one of the four factors relevant for considering the application for grant of anticipatory bail is the possibility of the applicant, if granted anticipatory bail fleeing from justice. If a person is found to be absconding despite raids conducted by the police, benefit of anticipatory bail by the Sessions court and issue and publication of process against him under section 83 of Cr.PC, the prosecution would not be unjustified in claiming that no anticipatory bail is granted to such a person who is not likely to attend the trial and may flee from justice. Therefore, in the absence of exceptional and peculiar circumstances, the court would not be justified in granting anticipatory bail to such a person."
8. Since, the petitioner has already been declared a Proclaimed Offender, the proper course for him would be to surrender before concerned Court and seek regular bail instead of seeking anticipatory bail.
Bail Application No. 2510/2009 has no merit and is hereby dismissed. Pending applications, if any, also stand disposed of.
(V.K.JAIN) VACATION JUDGE DECEMBER 31, 2009 AG Bail Appln. Nos. 2510/2009 Page 4 of 4