Kewal Krishan vs State of Himachal Pradesh

Kuldip Singh, Judge

This is an application u/s 439 Cr.P.C. for releasing the petitioner on bail in FIR No.144/2011 dated 17.09.2011, registered at Police Station, Dehra, under Sections 420, 467, 471, 34 IPC. It has been submitted that petitioner is running a Charitable Institution in the name of ''Shiv Hari Andh Vidyalaya, Bharwain'' where he is bringing up, caring, lodging and boarding the blind children. One Ranjeet Singh resident of Nurpur came to the petitioner and showed his intention for donation to the institution and gave two cheques worth Rs. 14,50,000/- to the petitioner which he presented in the account for encashment. However, later on, Police Station, Chintpurani, registered a case vide FIR No. 37 of 2011 u/s 420 IPC on the allegation that cheque issued in the name of ''Shiv Hari Andh Vidyalaya, Bharwain'' was never issued by the Branch D.V.V. Corporation of Agra. The petitioner was taken into custody and was released on bail on 26.09.2011.

On 26.09.2011, the petitioner was taken into custody by Dehra police and since then the petitioner is in custody. Ranjeet Singh was also arrested by the police in the present case, but has been released on bail by learned Magistrate. The challan has been presented in the Court on 04.01.2012. The custody of the petitioner is not required.

It has been submitted that petitioner is innocent. The petitioner had filed Cr.M.P.(M) No. 931 of 2011 which was dismissed on 24.11.2011. The submission has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that on 17.09.2011 Thakur Dass Sharma, Manager, P.N.B.,Dehra, submitted an application at Police Station, Dehra, alleging therein that on 01.08.2011 one cheque No.557588 for Rs. 14,50,000/- of P.N.B., Sanjay Complex, Agra, was received for clearing through S.B.I.,Karoa. This cheque was cleared through Core Banking Solution basis and the amount of Rs. 14,50,000/- was transferred to account No.11681345541 S.B.I., Karoa. It transpired, later on, that aforesaid cheque was not issued by General Manager, ''Dakshinachal Vidyut Vitran Nigam Limited'', Agra. It was found that cheque of Rs. 14,50,000/- was fraudulently drawn by Kewal Krishan Sharma. On this, FIR NO.144/2011 was registered at Police Station, Dehra on 17.09.2011.

On 22.09.2011, the Investigating Officer visited Agra, he recorded the statement of Sunil Rawla, Chief Manager, P.N.B., Sanjay Complex, Agra. He stated that when the original cheque No. 557588 of ''Dakshinachal Vidyut Vitran Nigam Limited'' was received for clearing in the branch, it came to the notice from computer system on 16.09.2011 that the same cheque had already been withdrawn at P.N.B., Dehra through a forged cheque. The statement of Arvind Kumar Aggarwal the then General Manager, ''Dakshinachal Vidyut Vitran Nigam Limited'', Agra, was recorded by the Investigating Officer. The fraud cheque was shown to him and he stated that the said cheque was neither signed by him nor the impression of stamp on cheque is belonging to ''Dakshinachal Vidyut Vitran Nigam Limited''.

On 03.08.2011, Kewal Krishan submitted debit voucher for Rs. 13,50,000/- in S.B.I., Karoa, for transferring the amount in his account in S.B.I., Chintpurani and same day he withdrew the amount through cheque payable to self at S.B.I., Chintpurani. Kewal Krishan during interrogation disclosed that he had obtained from Ranjeet Singh two cheques i.e. one cheque for Rs. 14,50,000/- issued on his name and another cheque for Rs. 15,00,000/- issued on the name of ''Shiv Hari Andh Vidyalaya, Chintpurani, which was being run by him.

The aforesaid two cheques were deposited in S.B.I.,Karoa and P.N.B.,Bharwain respectively and the amounts of these cheques were withdrawn by Kewal Krishan. On this two FIRs were registered vide FIR No.144/2011 dated 17.09.2011 at Police Station, Dehra, and FIR No. 37/2011 u/s 420 IPC, registered at Police Station, Chintpurani. Kewal Krishan disclosed that he had paid Rs. 9,00,000/- in cash to Ranjeet Singh. Kewal Krishan was arrested on 26.09.2011. Ranjeet Singh was arrested on 01.10.2011 and was released on bail on 06.10.2011 by learned Judicial Magistrate (II), Dehra. The challan has been submitted against Kewal Krishan and Ranjeet Singh on 24.12.2011 in the Court of learned Judicial Magistrate Ist Class (I), Dehra. In the supplementary affidavits, it has been stated that RFSL report has been received. The efforts are being made to apprehend Deepak an accused in the case. The prayer has been made for rejection of the bail application.

Heard and perused the record. The allegations against the petitioner are that he has fraudulently withdrawn Rs. 14,50,000/- from the bank on the basis of cheque No. 557588 dated 01.08.2011 P.N.B., Sanjay Complex, Agra. There are two accused in the case till now namely petitioner and Ranjeet Singh. The second accused Ranjeet Singh has already been released on bail. The investigation in the case is complete. The challan has been submitted in the Court. In the supplementary status report, it has been stated that efforts are being made to arrest one Deepak in the case. It is not certain how much time will take for completion of trial. The petitioner is having movable and immovable property in village Mion, Tehsil Dehra. It has not been stated in the status report that petitioner will not be available for trial in case he is released on bail. No purpose will be served to keep the petitioner in jail for indefinite period. In these circumstances, the petitioner has made out a case for grant of bail subject to the conditions.

In view of above, the petition is allowed. The petitioner is ordered to be released on bail in FIR No.144/2011 dated 17.09.2011, registered at Police Station, Dehra, under Sections 420, 467, 471, 34 IPC on his furnishing personal bond in the sum of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the trial Court at Dehra and depositing Rs. 14,50,000/- the amount of cheque No. 557588 dated 01.08.2011 in question in two weeks in trial Court with further conditions not to overawe or terrorize the prosecution witnesses nor tamper with the prosecution evidence in any manner. The amount deposited by petitioner shall abide by the ultimate decision rendered in the trial. The trial Court shall invest the amount, if deposited, in Fixed Deposit. The observations made in the judgment are for disposal of the bail petition and the same shall not be construed as an expression of opinion on the merits of the case.