IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M- 486 of 2010(O&M) Date of decision: 25.3.2010 Satbir Singh …Petitioner Versus State of Haryana and anr … Respondents Present: Mr Kuldip Tewari, Advocate for the petitioner. Mr Vikas Malik, Advocate, AAG Haryana. S.S.SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in a complaint case filed by respondent-2 in the Court of JMIC Kurukshetra, for the offences under Sections 420, 406, 506 and 120B IPC. Respondent-2 filed a complaint dated 6.3.2007 (P1) in which it is alleged that the complainant had an old tractor and he intended to purchase a new one by selling the old one. In October 2004, the complainant went to the agency of Bhupinder Singh Saini – Proprietor of Saini Ford Tractors, New Grain Market, Kurukshetra. Both the accused i.e. Bhupinder Singh and Satbir Singh (petitioner) were present. The complainant informed the accused that he wanted to take loan for a new tractor. He specifically informed the accused that the land was in the name of his father, who had since expired. They, however, assured the complainant that they will make arrangements, for which the complainant need not to worry. The complainant was asked to make a payment of Rs Criminal Misc M-486 of 2010 (O&M) 2 75,000/- in advance. In November 2004, the complainant sold his old Mahindra Tractor and went to the agency of Bhupinder Singh Saini along with Jatinder, for making payment of Rs 75,000/-. A sum of Rs 75,000/- was given to the accused-1 in the presence of Jatinder Kumar. The complainant was given delivery of a New Holland 3630 tractor. The accused assured the complainant that the loan would be arranged. Accused- 2 (petitioner) demanded Rs 5,000/- for completing the loan formalities. Thereafter, the complainant waited for about 15 days and in December 2004, when he contacted the accused about the loan, the accused asked for the Jamabandi of the land. The complainant again stated that the land was not in his name and on this, a demand of Rs 4,00,000/- more was made. The complainant arranged Rs 1,00,000/- from his Commission Agent – M/s Bajrang Bali Enterprises, New Grain Market, Kurukshetra and paid the same to the accused including the petitioner. Thereafter, in the month of January 2005, Bhupinder Singh Saini – accused-1 informed the complainant that service of the tractor was due and asked him to bring the tractor. The complainant went to the showroom and accused-1 represented that his mechanic was not available. He asked the complainant to leave the tractor in the showroom and come on the following day. The complainant left the tractor and when he went on the next day to bring the same, he was surprised to hear from Bhupinder Singh Saini – accused-1 that he has sent the tractor to Ladwa for some purpose and he would get it within 2-3 days. Thereafter, the complainant visited the showroom of accused-1 several times but the tractor was not given. When the complainant felt that there was some foul play, he demanded back the loan of Rs 1,75,000/- paid by him to the accused, but they did not refund the amount. The complainant approached the local Police for taking action but no action was taken. Even Criminal Misc M-486 of 2010 (O&M) 3 though the application was marked to the Economic Cell, Kurukshetra where the accused admitted to have received the payment of Rs 1,75,000/-. On the basis of the said complaint, the learned JMIC Kurukshetra vide order dated 21.11.2007 (P2) summoned the accused for the commission of offences under Sections 420, 506 read with Section 120B IPC. The petitioner filed an application for the grant of anticipatory bail before the Sessions Court at Kurukshetra on 24.10.2009 which has been declined by the learned Additional Sessions Judge, Kurukshetra on 5.11.2009. The petitioner then filed the present petition in which interim bail was granted to him on 11.1.2010. It was observed that the petitioner shall put in appearance before the learned trial Magistrate on the date fixed i.e. 14.1.2010; however, in the event of his arrest, he shall be admitted to interim bail. A copy of the order dated 11.1.2010 was admittedly received by his counsel on 13.1.2010. However, the petitioner did not put in appearance before the trial Magistrate on 14.1.2010. Criminal Misc 4528 of 2010 has been filed seeking extension of time. It is stated by the petitioner that he could not collect the copy on 13.1.2010 and he came to the office of his counsel on 14.1.2010. Therefore, he could not reach trial Court within time to put in appearance and accordingly extension was sought. After hearing learned counsel for the parties and perusing the record, it may be noticed that the allegations against the petitioner are that he along with his co-accused – Bhupinder Singh Saini had embezzled an amount of Rs 1,75,000/-. The complainant had sold his old tractor and he had given Rs 75,000/- to the accused. Thereafter, another sum of Rs 1,00,000/- was arranged by him from his Commission Agent and this amount was also given to the accused. Even though the tractor – New Holland was given to the complainant; however, the same was also taken in Criminal Misc M-486 of 2010 (O&M) 4 a surreptitious manner. No reason has been given by the petitioner as to why he could not put in appearance on 14.1.2010. The copy of the order was received by the counsel for the petitioner on 13.1.2010 and Kurukshetra is admittedly about 1-1/2 to 2 hours drive from here. Therefore, it is not known as to why the petitioner could not put in appearance before the trial Court upto 5 p.m. on 14.1.2010 which was the date fixed before it. Keeping in view the nature of allegations and the conduct of the petitioner, no ground for pre-arrest bail is made out, This petition is accordingly dismissed. 25.3.2010 ( S.S.SARON ) ASR Judge