HC grants bail in a cheating & forgery matter for absence of accused's name in FIR (Read Order)

The High Court of Punjab and Haryana granted bail to accused who were alledgedly involved in extorting money, by forming a finance company and luring people into depositing money with the same, on the pretext of advancing loans. 

Factual Background:

An FIR was registered against the petitioners for looting Buta Singh (on whose instance the FIR was registered) of Rs. 56,000/- on the pretext of advancing him a loan. It was alleged in the FIR that the petitioners along with others, were running a company by the name of ‘Capital Finance Group Limited’ for making false representations and luring people into depositing money towards advance installments, tax etc.

Case of the Petitioners

The petitioners advanced the argument that they were falsely implicated in the case. To substantiate this argument, they contended that; (a) there were not named in the FIR; and (b) they were nominated on the basis of ‘scientific evidence’ in form of WhatsApp conversation available against them. It was also the case of the petitioners that two accused named in the FIR were granted bail, therefore, their case is also fit “on the ground of parity as well.”

Case of the Respondent

The State Counsel submitted that the petitioners’ names figured out during the investigation showing their explicit complicity.  

Reasoning and Decision of the Court

The Hon’ble Court observed, keeping in mind the following; (a) release of two accused on bail; (b) petitioners being in custody for 6 months; and (c) non- examination of as many as 30 prosecution witnesses, that the petitioners’ case is fit for grant of Bail.

Therefore, the petitioners were allowed to be released on bail on their furnishing bail bond/ surety bond to the satisfaction of the learned trial Court.

Case Details

Before: Punjab and Haryana High Court  

Bench: Hon’ble Mr. Justice Gurvinder Singh Gill  

Case Title: Praveen @ Laddi & another v State of Punjab  

Case No.: CRM-M-14008-2020 (O&M)

Decided On: 10.06.2020

Read Order @LatestLaws.com