Punjab-Haryana High Court
Tilak Raj vs State Of Haryana on 27 July, 2023
CRM-M-21924-2023 (O&M) 2023:PHHC:096392
104+217
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-25598-2023 and
CRM-29651-2023 in/and
CRM-M-21924-2023 (O&M)
Date of decision: 27.07.2023
Tilak Raj ....Petitioner
Versus
State of Haryana ....Respondent
CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present:- Mr. Sanjay Verma, Advocate
for the petitioner.
Mr. Karan Garg, AAG, Haryana.
Mr. Vikram Rana, Advocate for the complainant.
****
ARUN MONGA, J. (ORAL)
CRM-25598-2023
Application is allowed, as prayed for.
Annexure R-1 is taken on record, subject to all just exceptions.
Main case
Custody certificate of the petitioner has been tendered in Court by learned
State counsel, which is taken on record.
2. Petitioner seeks bail in criminal case bearing FIR No.480 dated 24.11.2022,
registered under Sections 420, 406, 506 and 120-B of the Indian Penal Code, 1860 (for
short 'IPC') and Section 12 of Chit Funds Act, 1982 at Police Station, Sadar Pehowa,
Kurukshetra.
3. Prosecution case, in brief, is that accused Sachin, son of petitioner-Tilak
Raj and other family members have duped the complainant's brother, working in
Lebanon. He was induced to invest Rs.1.68 crores in an interest scheme on a false
promise to get high returns.
4. Learned counsel for petitioner submits that petitioner has been falsely
implicated in the present case. His role, if at, is that he is father of the main accused-
VANDANA Sachin. Other than that he has no connection with the alleged financial transactions. He
2023.07.28 12:04
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CRM-M-21924-2023 (O&M) 2023:PHHC:096392
submits that there is no specific allegation against the petitioner. Fourteen persons were
though named in the complaint, just to create pressure, but the FIR was registered against
seven persons including the petitioner and his wife. He further urges that co-accused/wife
of the petitioner has already been granted concession of interim anticipatory bail vide
order dated 06.04.2023 (AnnexureP-3).
4.1. He further submits that petitioner has already disowned his son, namely,
Sachin from his property and there is not even an iota of evidence available to show that
the amount has been transferred by his son in his account. He further submits that FIR
was registered after a delay of more than two years and four months as incident took
place in July-2020 and FIR was registered on 24.11.2022. All the offences mentioned in
the FIR are triable by Magistrate. No other case is pending against the petitioner. He
further submits that petitioner is in custody since 28.03.2023 and challan has already
been presented before the competent Court. Charges are yet to be framed. No recovery is
to be effected from the petitioner. Custodial interrogation of the petitioner is not required.
5. On the other hand, learned State counsel, assisted by learned counsel for
complainant, opposes the bail petition. He submits that huge amount is involved in this
case. There are serious allegations against the petitioner. Incase petitioner is granted
concession of bail, there are chances of his fleeing. However, he admits that no other case
is pending against him.
6. I have heard rival contentions of learned counsels for the parties and have
gone through the case file.
7. Challan is stated to have been presented and charges are yet to be framed.
Investigation is thus complete qua petitioner, he is thus not required for custodial
interrogation. Bail allows an accused to maintain his freedom until his guilt or innocence
is determined. Allegations against petitioner are a matter of trial at this stage.
Commencement/conclusion of the trial is likely to take quite sometime. Whereas
petitioner has already been languishing in jail for the past about four months in
preventive custody, he being behind bars since 28.03.2023.
VANDANA
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CRM-M-21924-2023 (O&M) 2023:PHHC:096392
8. Petitioner is being kept in preventive custody merely on an unfounded
suspicion that if he is let out, he may either tamper with evidence and/ or influence
witnesses. There is no probability of tampering with evidence as the same has already
been seized by the investigating agency.
9. Petitioner is stated to be 57-year old family man. He is the only bread
winner of his family, which is living in sheer penury in his absence. Being a family man
with clean antecedents, it is unlikely that he is flight risk or will flee from the trial
proceedings. Offence allegedly committed by petitioner is of non-violent nature and in
that sense his release on bail is not a threat to the society at large by committing any
violent crime.
10. Considering the overall scenario and without commenting on the merits of
the case, the instant petition is allowed. I am of the view that no useful purpose would be
served to keep the petitioner in further preventive custody.
11. Accordingly, petitioner is ordered to be released on bail on his furnishing
bail bonds and surety bonds to the satisfaction of learned trial Court, where his case is
being tried and in case he/she is not available, before learned Duty Magistrate, as the case
may be.
12. In case, petitioner is found to be involved or gets involved in any offence
while on bail, the prosecution shall be at liberty to seek cancellation of his bail in the
instant case.
13. It is made clear that any observations and/or submissions noted hereinabove
shall not have any effect on merits of the case as the same are for the limited purpose of
hearing the instant bail petition alone and learned Trial Court shall proceed without being
influenced with this order.
14. Pending application(s), if any, shall also stand disposed of.
CRM-29651-2023
This is an application for grant of interim bail to the petitioner during
pendency of main petition.
VANDANA
2023.07.28 12:04
I attest to the accuracy and
CRM-M-21924-2023 (O&M) 2023:PHHC:096392
In view of detailed order of even date passed in main petition, instant
application is rendered infructuous.
CRM stands disposed of having been rendered infructuous.
(ARUN MONGA)
JUDGE
27.07.2023
vandana
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
VANDANA
2023.07.28 12:04
I attest to the accuracy and
