Sushil Kumar Sharma vs State Of Punjab
2023 Latest Caselaw 14926 P&H

                         CRM-M No.43747 of 2023 (O&M)                         2023:PHHC:115297



                                    IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                 AT CHANDIGARH

                         101
                                                          CRM-M No.43747 of 2023 (O&M)
                                                DATE OF DECISION: 02nd SEPTEMBER, 2023


                         Sushil Kumar Sharma

                                                                                       .... Petitioner
                                                            Versus
                         State of Punjab
                                                                                     .... Respondent


                         CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT


                         Present :     Ms. Shazia K.Singh, Advocate
                                       for the petitioner.

                                                          ****

                         RAJBIR SEHRAWAT, J. (Oral)

1. The present petition has been filed by the petitioner under

Section 438 Cr.P.C. for grant of pre-arrest bail in case FIR No.65 dated

28.07.2023 registered under Sections 406 and 420 IPC at Police Station

Sadar Kapurthala.

2. It is submitted by the counsel for the petitioner that the case

against the petitioner is totally wrong and concocted. He is not involved

in the crime as alleged against him. Even as per the case of the

complainant, the petitioner is alleged to have taken Rs.11.00 Lakhs from

her for ensuring job for her son, however, there is nothing even remotely

to suggest that the complainant had got the requisite money on the date

when she is alleged to have given the money to the petitioner. Otherwise,

the petitioner has no concern with the complainant and her family. The

petitioner is ready to join the investigation as and when called by the SANDEEP GROVER 2023.09.02 14:06 I attest to the accuracy and integrity of this order/judgment. -1-

CRM-M No.43747 of 2023 (O&M) 2023:PHHC:115297

Investigating Officer. Therefore, the petitioner deserves to be protected

against his arrest.

3. Notice of motion.

4. Mr. Jaspal Singh Guru, AAG, Punjab, accepts notice on

behalf of the respondent/State and Mr. H.P.S. Rahi, Advocate, puts in

appearance on behalf of the complainant.

5. Learned State counsel, being instructed by ASI Harjinder

Pal Singh, and being assisted by learned counsel for the complainant has

submitted that the petitioner has duped the helpless lady of Rs.11.00

Lakhs in the name of ensuring job to the son of complainant. For

arranging the money, the complainant had even sold her house.

Therefore, she has now been left totally helpless. There are two more

cases against the petitioner under Section 307 IPC. Therefore, the

petitioner is habitual of criminal activity. Learned State counsel has

further submitted that the police are to unearth the true dimensions of the

involvement of the petitioner in the crime, therefore, his custodial

interrogation is required in this case.

6. Learned counsel for the complainant has also submitted that

the assertion of the petitioner that he does not have any concern with the

complainant and her family is belied by his own assertion, wherein he

has stated before the trial Court that he had taken Rs.30,000/- from the

complainant and in lieu thereof, he had returned Rs.50,000/- to her. The

petitioner had received Rs.11.00 Lakhs from the complainant and the

same was paid by her in cash in small amounts several times; because the

petitioner kept on demanding money repeatedly for ensuring job to the

son of complainant.

SANDEEP GROVER 2023.09.02 14:06 I attest to the accuracy and integrity of this order/judgment. -2-

CRM-M No.43747 of 2023 (O&M) 2023:PHHC:115297

7. In view of the facts and circumstances available on record,

as well as, the submissions made by learned counsel for the State and

complainant, this Court does not find it appropriate to interfere in the

matter so as to protect the petitioner against his arrest.

8. Dismissed.

                         02nd SEPTEMBER, 2023                            (RAJBIR SEHRAWAT)
                         'sandeep'                                             JUDGE



                                    Whether speaking/reasoned:           Yes          No
                                    Whether Reportable:                  Yes          No




SANDEEP GROVER
2023.09.02 14:06
I attest to the accuracy and
integrity of this order/judgment.                                -3-