Punjab-Haryana High Court
Arun Bhardwaj vs State Of Punjab on 30 November, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2023:PHHC:152365
CRM-M-40260-2019(O&M) 2023:PHHC:152365
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IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM-M-40260-2019(O&M)
Date of decision:- 30.11.2023
Arun Bhardwaj
... Petitioner
Versus
State of Punjab
.. Respondent
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr.Nikhil Ghai, Advocate and
Mr.Prabhdeep S.Bindra, Advocate
for the petitioner.
Mr.A.P.S. Tung, DAG, Punjab.
Mr.Anmol Jeevan Singh Gill, Advcoate
for the complainant.
****
SUVIR SEHGAL, J. (ORAL)
1. Instant petition has been filed under Section 439 Cr.P.C. seeking
grant of post-arrest bail in:-
FIR Dated Police Station Sections
No.
0018 30.01.2018 Phase-I, SAS Nagar 420, 465, 467, 468, 471
IPC
2. Case of the prosecution is that FIR, Annexure P1, has been
registered by Arvinder Singh against Mrs.Gurpreet Kaur, Harmohinder
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Singh and Arun Bhardwaj, alleging that complainant was one of the
Directors of M/s. SERA Cue Labs Private Limited, a registered company,
which launched its business operation from Ludhiana in January, 2015, in
the field of pathological tests. Vide Resolution dated 6.10.2015,
complainant was removed and Sh. Harmohinder Singh (COO) was
appointed in his place. The accused indulged in malpractices and
misappropriated the franchise amount. Company meetings were held but
complainant was never informed. He found that some documents bearing
his signatures had been uploaded on the website of the Registrar of
Companies and fraud has been committed with him.
3. Counsel for the petitioner submits that an examination of the
allegations levelled in the FIR show that it was a result of a business dispute
and has deliberately been given a criminal colour. He submits that the
complainant owes money to the accused and a civil suit for recovery has
been instituted by the petitioner, which is pending inter se the parties. Still
further, he submits that the investigation in the FIR has been completed,
challan has been presented and by order dated 24.10.2019, passed by this
Court, petitioner has been released on interim bail. Counsel submits that one
of the conditions imposed in the order was of surrendering the passport of
the petitioner, which has been duly complied with. Still further, he submits
that in the last more than 4 years, petitioner, who is a respected member of
the society has never misused the concession. He submits that application
for discharge of the petitioner as well as co-accused Dilpreet Singh are
pending before the trial Court and charge has not been framed.
4. Per contra, State counsel upon instructions from ASI Sukhwinder
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Singh submits that the petitioner has been specifically named in the FIR and
there are allegations of cheating as well as forgery of documents against
him. He has categoric instructions to state that recovery of defrauded money
is to be effected from the petitioner.
5. Counsel for the complainant has supported the submissions made
by the State counsel.
6. I have heard and considered the submissions made by counsel for
the parties.
7. Offences allegedly committed by the petitioner are triable by a
Magistrate and investigation qua him is complete. Petitioner is on interim
bail for the last more than four years and there is no allegation that he has
misused the liberty. Dispute primarily pertains to the affairs of a limited
company and the complainant as well as the accused have been involved
with its affairs.
8. Noticing the nature of allegations levelled against the petitioner,
his age, the fact that challan has been presented against him and period of his
detention, this Court is of the view that the interim bail granted to the
petitioner deserves to be confirmed. Although it has been claimed that some
recovery is to be effected from the petitioner but in view of the judgment of
the Supreme Court in Dilip Singh Versus State of Madhya Pradesh and
another (2021) 2 SCC 779, no pre-condition for deposit of alleged cheated
amount can be imposed nor can a bail petition be converted into recovery
proceedings.
9. In view of the above, the interim order dated 24.10.2019 is made
absolute. However, the petitioner shall furnish fresh bail/surety bonds of a
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heavy amount to the satisfaction of the Trial Court/Duty Magistrate,
concerned.
10. It is clarified that nothing said hereinabove shall be construed to
be an expression of opinion on the merits of the case.
(SUVIR SEHGAL)
JUDGE
30.11.2023
Brij
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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