Crl. Misc. -M No. 37578 of 2010 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. -M No. 37578 of 2010 (O&M) Date of Decision: 28.9.2011 Daksh ..Petitioner. Vs. State of Punjab ..Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present : Mr. Ashok Singla, Advocate for the petitioners. Mr. Jasdev Singh Brar, Assistant Advocate General, Punjab. Mr. M.K. Garg, Advocate for the complainant. RAJESH BINDAL, J. This order will dispose of four petitions bearing Criminal Misc.-M. Nos. 37578 of 2010 and 1470 to 1472 of 2011. The petitioners Daksh, Sunita, Sandeep and Sushma herein are accused in FIR No. 140 dated 14.11.2010 under Sections 420, 120-B IPC registered at Police Station Civil Lines, Bathinda. The relation of the parties are that Sushma is wife of Rajesh Kumar, the accused who was arrested and has been released on bail, Sunita is sister of Rajesh Kumar, Daksh is son of Sunita, Sandeep is the son of Hanuman Singh, who is stated to be brother-in-law of Rajesh (sister's husband, other than Sunita). A Company named Kindle Marketing and Services Private Limited, Hisar was floated in which Rajesh Kumar and Raj Kumar are the Directors. The allegations in the FIR are that the accused persons had been marketing investment proposals in their company in terms of which any person depositing ` One lac for a period of 13 months will get return of ` 850/- per day. Number of persons deposited their money and for some time returns were paid to them, however, later on the same having been stopped , the FIR in question was registered. Crl. Misc. -M No. 37578 of 2010 -2- As far as bail application of Daksh is concerned, learned counsel for the petitioner submitted that he is not related with the crime reported. Merely because he is sister's son of Rajesh Kumar; he has been falsely implicated. No money has been paid to him. He is a student. He has been named in the FIR stating that he also accompanied other accused when seminars were held for propagating the investment schemes of the Company. As far as petitioner Sushma is concerned, submission is that nothing has been paid to her. She has also been falsely implicated being wife of Rajesh Kumar. As far as petitioners Sandeep and Sunita are concerned, the contention is similar in line. In addition to the aforesaid submissions, learned counsel for the petitioners submitted that the complainant in the FIR has been allegedly cheated. More than that amount which is lying in the bank account of Kindle Marketing and Services Private Limited and the same can be paid to the complainant which will satisfy his claim. He further submitted that the petitioners are not required to be taken into custody as the main accused Rajesh Kumar was arrested and has already been released on regular bail. Learned counsel for the petitioners further sought to explain the transactions regarding credit of lacs of rupees in the account of the petitioners by stating that same was paid by Kindle Marketing and Services Private Limited to Sunita and Sandeep as there was some land transaction between the parties. He further submitted that copies of accounts of Kindle Marketing and Services Private Limited having been placed on record by the complainant today by way of an application, some time would be required for filing reply thereto. On the other hand, learned counsels for the State as well as complainant submitted that lacs of rupees were deposited on different dates total running into Crores of rupees in the account of Kindle Marketing and Services Private Limited and was transferred in some other accounts. In one of the accounts maintained by Kindle Marketing and Services Private Limited with Punjab National Bank, Jaipur, ` 50 lacs were transferred to one Jaivir; on 22.9.2010 ` 5 lacs were transferred to Sunita; ` 25 lacs were transferred in the name of Sandeep and ` 50 lacs were transferred in the Crl. Misc. -M No. 37578 of 2010 -3- name of Rajesh. Besides the FIR in question, there are two other FIRs registered against the petitioners, bearing No.221 dated 17.9.2010 at Police Station Mansa City and FIR No.199 dated 5.12.2010 at Police Station Ludhiana. The petitioner and other accused named in the FIR have cheated number of persons who made investments in their Company on the promise made by them. Learned counsels for the State as well as the complainant submitted that co-accused Raj Kumar is still absconding. In response to the submissions made above, learned counsel for the petitioners submitted that Daksh is not named in the other FIRs, which have been subsequently registered though other petitioners have been named. A sum of ` 35 lacs is still lying in the accounts of Sandeep and Sunita. Heard learned counsel for the parties. The amount running into crores of rupees was deposited in the account of Company named Kindle Marketing and Services Private Limited with Axis Bank in which Rajesh Kumar and Raj Kumar are stated to be the Directors. The copy of the account which are produced in Court by the learned counsel for the State for the months of July to September 2010 shows that opening balance in the accounts was Nil. The transactions started on 28.7.2010 with deposit of ` 50,000/- in cash. There were different deposits running into lacs of Rupees on single day. Sum of more than ` 3 Crores was transferred from this account to some other accounts on different dates, the details of which are not known. From the copy of the statement of Kindle Marketing and Services Private Limited maintained with Punjab National Bank, Jaipur for the period from September 16, 2010 till September 24, 2010 it is evident that besides transfer of ` 50 lacs to Rajesh, withdrawal of ` 30 lacs by way of a self cheque, transfers of ` 50 lacs to one Jaivir, ` 5 lacs were made in the name of Sunita and ` 25 lacs in the name of Sandeep. To these transactions, learned counsel for the petitioners submitted that he is unable to explain with the support of any document on record as the application has been filed now. However, the contention is totally misconceived. Prior to the filing of the application in question, the complainant had filed an application earlier placing on record copies of the accounts of Sandeep and Sunita in whose accounts, the aforesaid money was transferred. Hence, there Crl. Misc. -M No. 37578 of 2010 -4- is no reason for grant of any further opportunity to the petitioners for filing any further document for explaining the credits in their accounts from the accounts of Kindle Marketing and Services Private Limited. Still further once in the FIR the petitioners have been specifically named, they very well knew that they have received certain money from Kindle Marketing and Services Private Limited. They should have come in the Court with clean hands explaining the transactions between them and the company, as to on what account they have received money from Kindle Marketing and Services Private Limited. In addition to that there are two other FIRs against the petitioners except one of them namely, Daksh. However, considering the fact that all the petitioners are closely related and there are money transactions between them, I do not find any reason to grant pre arrest bail to the petitioners. The petitions are accordingly dismissed. The information as is available with the learned State counsel on instructions from SI Mohan Singh, shows that transfers running into crores of rupees, as has been noticed above, have not been explained. The accused Rajesh Kumar, even after his arrest, apparently was not asked as to whom the money was transferred. Investigating Officer is not aware of the identity of Jaivir in whose account ` 30 lacs were transferred. Apparently investigation is shady and challan has also not been presented till date. There are two other FIRs against the accused. The order passed by the Additional Sessions Judge, Bathinda dated 23.3.2011 granting bail to Rajesh Kumar has been produced in Court. It has been mentioned therein that he was arrested on 5.2.2011 and is no more required by the Investigating Agency for further interrogation or recoveries, whereas from the facts which have been projected before the Court it is evident that proper investigation had not been carried out. The Court below was not even apprised of the fact that Rajesh Kumar is accused in two other FIRs registered against him at Mansa and Ludhiana. Apparently the amount involved in the case was also not brought before the Court as he was directed to be released merely on furnishing of personal bonds of ` 50,000/- with one surety of the same amount. It is not known to the Investigating Officer present in Court today as to whether Rajesh Kumar was arrested in other two FIRs registered against him with similar allegations or not. Crl. Misc. -M No. 37578 of 2010 -5- Let a notice be issued to Rajesh Kumar son of Raghubir Singh, resident of village Balsamand, Police Station Sadar, Hisar, District Hisar as to why bail granted to him by the learned Additional Sessions Judge, Bathinda on 23.3.2011 be not cancelled for 1.11.2011. ( Rajesh Bindal ) 28.9.2011 Judge Meenu