Punjab-Haryana High Court
Padam Bansal vs State Of Haryana on 25 April, 2024
Neutral Citation No:=2024:PHHC:058185
CRM M-14399 of 2024 2024:PHHC:058185
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
221 CRM M-14399 of 2024
Date of Decision: 25.04.2024
Padam Bansal ...Petitioner
Vs.
State of Haryana ...Respondents
CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT
Present : Mr. Vikram Chaudhari, Sr.Advocate, with
Mr. Sunil Sihag, Advocate and
Mr. Rishab Tiwari, Advocate, for the petitioner.
Ms. Sheenu Sura, DAG, Haryana.
N.S.SHEKHAWAT, J. (Oral)
1. The petitioner has filed the instant petition under Section
439 of the Cr.P.C. with a prayer to grant a regular bail in case FIR
No.553 dated 30.07.2016 registered under Sections 406, 419, 420,
465, 468, 471, 409, 201 and 120-B IPC at Police Station City Sirsa,
District Sirsa.
2. Learned counsel for the petitioner contends that the
petitioner is a senior citizen aged about 62 years and is a chronic
patient of diabetes, hypertension and thyroid. Even, his wife is a
senior citizen and is suffering from various ailments of uterus.
Learned counsel for the petitioner contends that the FIR in the present
was registered on 30.07.2016 about more than 07 years ago by
alleging that M/s Bharat Trading Company, Sirsa had fraudulently
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claimed VAT returns of Rs. 19,91,559/- by showing false inter-state
sale of cigarette, cement etc., on bogus documents and caused loss to
the Tax Department. Thereafter, series of FIRs were registered against
M/s Bharat Trading Company, Sirsa and the petitioner had no concern
with the said accused. However, the prosecution wrongly alleged that
he was having the de-facto permission of the business of the said firm
and was arrested by obtaining production warrants. Learned counsel
further contends that even from the admitted case of the prosecution,
no offence under Sections, 406, 419, 420, 465, 468, 471, 409, 201 and
120-B IPC is made out against the petitioner and it was a case of
availment of fraudulent VAT, which would be governed by the
provisions of Haryana Value Added Tax Act, 2003. Learned counsel
further contends that the petitioner was arrested on 12.10.2023 and
the challan has already been presented against him.
3. On the other hand, learned State counsel has vehemently
opposed the prayer made by the petitioner on the ground that the
petitioner had committed a fraud by colluding with his co-accused
and would be in a position to influence the witnesses of the
prosecution.
4. I have heard learned counsel for the parties and perused
the record.
5. At this stage, it is observed that the object of the bail is to
secure the presence of the accused at the trial only. It is also observed
that the object of bail is neither punitive nor preventive and
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deprivation of liberty must be considered a punishment, unless it is
required to ensure that an accused person will stand his trial when
called upon. Hon'ble the Supreme Court has observed in catena of
judgments that when a person is punished by denial of bail in respect
of any matter upon which he has not been convicted, it would be
contrary to the concept of personal liberty enshrined in the
Constitution except in cases where there is reason to believe that he
may influence the witnesses. It is appropriate to say that pre-
conviction detention should not be resorted to, except in cases of
necessity to secure attendance at the trial or upon material that the
accused will tamper with the witnesses if left at liberty.
6. In the present case, the FIR was got registered by the
Excise and Taxation Officer on 30.07.2016 and the petitioner was
arrested on 12.10.2023 after a period of more than 07 years. Even the
offences are triable by the Court of Magistrate and the petitioner is in
custody for the last more than 05 months. The co-accused Gopi
Chand Chaudhary and Amit Bansal son of the petitioner have already
been granted the concession of bail by this Court vide order dated
22.12.2023 (Annexure P-5) and dated 05.02.2024 (Annexure P-6)
passed by this Court.
7. In view of the above, without commenting any further on
the merits, the present petition is allowed and the petitioner is ordered
to be released on bail on his furnishing bail bonds/surety bonds to the
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satisfaction of the learned trial Court/Duty Magistrate/CJM
concerned.
25.04.2024 ( N.S.SHEKHAWAT)
amit rana JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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