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2022 DIGILAW 195 (PNJ)

Gursev Singh v. State of Haryana

2022-01-28

AVNEESH JHINGAN

body2022
JUDGMENT Avneesh Jhingan, J. - Due to COVID-19 situation, the Court is convened through video conference. 2. This third petition under Section 439 Cr.P.C. is filed seeking regular bail in FIR No. 14, dated 6th January, 2021 under Sections 420 and 120-B IPC (Sections 467, 468 and 471 IPC were added later on) registered at Police Station Sector 14, District Panchkula. 3. The dispute is with regard to embezzlement of loan availed for the purposes of purchasing Excavators. The loan was disbursed to M/s A.V. Infra. The petitioner is proprietor of M/s G-3 Motors which had to supply the Excavators. 4. Learned counsel for the petitioner contends that petitioner had not availed the loan, the amount was returned to son of the guarantor and the recovery proceedings are pending before the Debts Recovery Tribunal. However, to show the bona fide, the petitioner has deposited an amount of Rs. 10 lakhs before the trial Court as stated before this Court on 6th January, 2022. He has produced the copy of demand draft deposited. On instructions, he submits that petitioner intends to pay the balance amount of Rs. 25 lakhs but as the petitioner was detained in another FIR, he seeks slightly longer time to deposit the balance amount. He submits that Rs. 12.5 lakhs would be deposited by 31st March, 2022 and another sum of Rs. 12.5 lakhs by 15th May, 2022. It is submitted that proceedings under Sectin 138 of the Negotiable Instruments Act, 1881 are also pending. Further contention is that the case is based upon documentary evidence and petitioner is in custody since 4th February, 2021. 5. Learned State counsel opposes the prayer for grant of bail and submits that public money was embezzled. However, he submits that investigation is complete and challan stands presented. 6. Though not impleaded as a party, Mr. Vikas Chatrath, Advocate appears for the State Bank of India. He submits that in case petitioner fails to deposit the balance amount before the trial Court as stated hereinbefore, liberty be granted to the affected parties to avail remedies in accordance with law. 7. In view of statement made by learned counsel for the petitioner, the petitioner is granted regular bail. He shall deposit Rs. 12.5 lakhs by 31st March, 2022 and another amount of Rs. 12.5 lakhs by 15th May, 2022. 7. In view of statement made by learned counsel for the petitioner, the petitioner is granted regular bail. He shall deposit Rs. 12.5 lakhs by 31st March, 2022 and another amount of Rs. 12.5 lakhs by 15th May, 2022. The trial Court would be at liberty to impose appropriate conditions so warranted to ensure presence of the petitioner during the trial. The amount deposited would be subject matter of the trial and the same shall be kept in an FDR in any nationalized bank. In case of failure of the petitioner to deposit the amount, the respondent would be at liberty to move an application for re-calling of the order granting bail. 8. The petition is disposed of. 9. However, it is clarified that nothing stated hereinabove shall be construed as an expression of opinion on the merits of the case.