CRM-M-26429-2011 (O&M) - 1 - :::::::: IN TH E HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26429-2011 (O&M) Date of decision:01.09.2011. Rajesh Kumar ...Petitioner Versus State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Gurinder Pal Singh, Advocate, for the petitioner. ***** Rakesh Kumar Jain, J. This is a petition for grant of pre-arrest bail in a case registered vide FIR No.71 dated 28.05.2011, under Sections 420 and 120-B IPC at Police Station Kurali, District SAS Nagar Mohali. Learned counsel for the petitioner has vehemently argued that the petitioner is an innocent person who himself has registered an FIR No.191 dated 06.08.2011, under Sections 420 and 406 IPC at Police Station Safidon, District Jind alleging that he had an account No.0851000100177884 at Punjab National Bank, Safidon and had got an ATM card. When he went to withdraw some amount from ATM on 19.05.2011, the machine did not initially work properly and some unknown person, who was standing there, in order to help him took his ATM card and got withdrawn `20,000/- but in this process, he changed his ATM card with another card. Thereafter, that unknown person withdrew `52,800/- from his account on 19.05.2011, 20.05.2011 and 21.05.2011. Thereafter, on 23.05.2011, some unknown person transferred `1,50,000/- in his account by various entries and withdrew `1,00,000/- therefrom which was not deposited by him on 23.05.2011 nor withdrawn by him on 24.05.2011. On the other hand, the present FIR has been registered by one Munish Barmi with the allegation that he had an account No.3528000100071258 at Punjab National Bank, Morinda Road, Kurali and is also having an ATM card. He had balance of `5,96,000/- in his bank CRM-M-26429-2011 (O&M) - 2 - :::::::: account and lost his ATM card on 23.05.2011. On 24.05.2011, when he presented a cheque for withdrawal of the amount from his bank account, he came to know that only `23,000/- is left in his account. On his complaint, the bank authorities checked his account and found that the amount from his account had been debited and credited in different accounts which were operated by other co-accused along with Rajesh Kumar (petitioner herein). Learned counsel for the petitioner has submitted that he has been falsely implicated as he himself is a victim. After hearing learned counsel for the petitioner and taking into consideration the order of the learned Court below in which it is specifically recorded that “so far as the allegations with regard to transfer of money from the account of complainant to that of the applicant-accused is concerned, the same were apparent on the record of the bank which is available on the police file showing that the money was debited from the account of the complainant and credited to the account of the applicant-accused. The C.D. record as also appears to have the presence of the accused at the time when the money was withdrawn from the account of the complainant”, I am of the view that custodial interrogation of the petitioner is required in order to unearth the scam. Hence, the present petition is hereby dismissed. September 01, 2011 (Rakesh Kumar Jain) vinod* Judge