Criminal Misc. No.M-2330 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-2330 of 2009 Date of Order: 10.02.2009 Satpal Singh ...Petitioner Versus State of Punjab ..Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Amit Rawal, Advocate for the petitioner. Mr. K.S.Dadwal, Addl.A.G.,Punjab RAJIVE BHALLA, J (Oral). Prayer in this petition, filed under Section 438 of the Code of Criminal Procedure, is for grant of anticipatory bail, in case FIR No.217, dated 25.08.2008, registered under Sections 419, 420, 467, 468, 471, 120- B of the Indian Penal Code, at Police Station Division No.5, Ludhiana. Counsel for the petitioner submits that the petitioner has been falsely implicated as he has nothing to do with the alleged fraud played upon the HDFC Bank. It is submitted that the petitioner is neither named nor referred to in the FIR and it was only during investigation that the petitioner has been roped in. It is submitted that as per the prosecution, one Jaspal Singh, impersonated Krishan Singh Arora and obtained a loan. Jaspal Singh has, however, been granted anticipatory bail by the Additional Sessions Judge, Ludhiana. The petitioner has been involved on the basis of a supplementary statement recorded by the police. It is further submitted that the petitioner is ready to offer his signatures for comparison, with the signatures identifying Ravinder Pal Singh as Manjit Singh and, therefore, the petitioner be allowed to join investigation, so as to resolve Criminal Misc. No.M-2330 of 2009 -2- this controversy. Counsel for the State of Punjab, on instructions from ASI Paramjit Singh, submits that a loan of Rs.35,00,000/- was raised from the HDFC Bank Limited, Ludhiana by one Krishan Singh Arora and Harmanjeet Kaur. The loan amount was released to Shri Krishan Singh Arora after verification of all relevant documents and was eventually deposited into the account of one Ravinder Pal Singh, maintained in the Punjab National Bank. The petitioner identified Ravinder Pal Singh in the account opening form. It is submitted that Ravinder Pal Singh is actually Manjit Singh and, therefore, the petitioner's role in the entire conspiracy of defrauding the HDFC Bank, would require his custodial interrogation. I have heard counsel for the parties, perused the FIR as also the documents appended with the present petition. A loan was sanctioned in the name of Krishan Singh Arora. The loan amount was paid into an account opened in the Punjab National Bank, in the name of one Ravinder Pal Singh. The original account opening form bears the photograph of Manjit Singh, identified by the petitioner as Ravinder Pal Singh. The loan obtained from the HDFC Bank was paid into this account and thereafter misappropriated. Criminal Misc. No.M-23899 of 2008 filed by Manjit Singh for grant of anticipatory bail has been dismissed on 16.12.2008 whereafter Manjit Singh has been arrested and is behind bars. The petitioner appears to be prima facie involved in the conspiracy to defraud the bank and is, therefore, not entitled to the concession of anticipatory bail. The grant of anticipatory bail to Jaspal Singh would not entitle the petitioner to a similar relief. Dismissed. Before parting with this judgment, it would be appropriate to mention here that Jaspal Singh another accused has been granted anticipatory bail by the Additional Sessions Judge, Ludhiana, vide order Criminal Misc. No.M-2330 of 2009 -3- dated 18.09.2008. If deemed appropriate and circumstances so permitting, the prosecution would be at liberty to pray for cancellation of the anticipatory bail granted to Jaspal Singh, in accordance with law. February 10, 2009 (RAJIVE BHALLA) nt JUDGE