Mohan Lal vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner is an accused in FIR No. 135/2020 dated 6.8.2020, registered at Police Station, B.S.L. Colony, Sundernagar, District Mandi, H.P. under Sections 420 and 506 of Indian Penal Code.

Heard learned Counsel for the parties, perused the status report and gone through the record relevant for the purpose of adjudication of instant bail petition moved under Section 438 of Code of Criminal Procedure.

The case against the petitioner in nut shell is that one Jitender Singh lodged a complaint against the petitioner on 5.8.2020. The gist of this complaint was that the petitioner had duped him of lacs of rupees on the pretext of providing him a job of Forest Guard. It was specifically alleged in the complaint that on the demand of the petitioner, the complainant parted with following amount:

i ) Rs. 1,20,000/- on 9.10.2019;

ii) Rs. 55,000/- on 17.10.2019;

iii) Rs. 52,000/- on 25.10.2019;

iv) Rs. 20,000/- on 7.11.2019

The above amount, totaling Rs. 2,47,000/- was transferred by the complainant from his account in Gramin Bank, Rohanda to the petitioner's account in PNB, Karsog. Thereafter the complainant on 27.3.2020 through PAYTM transferred Rs. 20,000/- and Rs. 18,000/- in petitioner's account at PNB Karsog. In this manner, total amount of Rs. 2.85 lacs was transferred by the complainant in petitioner's bank account.

Further allegation in the complaint is that on the demand of the petitioner in lieu of false pretext of providing a job to the complainant, the latter had paid to the petitioner cash amount of Rs. 12,00,000/- in front of witnesses. Complainant is stated to have handed over a video and recording in this regard to the investigating agency. Thus in all the complainant alleges that he had been duped of Rs. 14,85,000/- by the petitioner. The amount has allegedly not been returned by the petitioner.

There are further allegations in the complaint that the petitioner in the similar manner has duped various other persons named in the complaint and extracted money from them.

As per status report, during investigations, it has come out that an amount ofRs. 2,85,000/- was transferred by the complainant in the account of the petitioner either through NEFT or through PAYTM. The complainant is also stated to have provided video/audio recording to the investigating agency regarding his paying Rs. 12,00,000/- in cash to the petitioner in lieu of promise of job allegedly made by the petitioner. Investigation is still going on. According to the status report and the record, there is evidence available with the investigating agency regarding petitioner's having extracted money worth lacs of rupees in similar manner from various other persons, some of whose statements have been recorded under Section 161 of Code of Criminal Procedure. Investigating agency under the circumstances has stressed for custodial interrogation of the petitioner.

The interim protection was granted to the petitioner vide order dated 14.8.2020 pursuant to which, according to status report, the petitioner though joined investigation on 16.8.2020 but did not co-operate with the investigating agency. He was further called to join investigation on 19.8.2020 but he failed to do so. Noticing this, on 26.8.2020 an order was passed by this Court directing the petitioner to co-operate with the investigating agency. The Investigating Officer present in Court today has informed that the petitioner has still not joined the investigation.

In view of the afore noticed facts and circumstances as have come out during investigation and noticing the conduct of the petitioner, his custodial interrogation is warranted for proper investigation of the case. Accordingly, this petition is dismissed. The interim protection granted in favour of the petitioner on 14.8.2020 is vacated forthwith.

Copy of this judgment, duly authenticated by Secretary be supplied to learned Counsel for the parties, if so requested.