Punjab and Haryana High Court Grants Bail in Fraud Case, Delay in FIR and Lack of Involvement in Defrauded Amount
Date: 30-05-2023
In a significant development, the Punjab and Haryana High Court, Single Bench, has granted bail to Manpreet Singh in a fraud case involving allegations of cheating and fraud. The judgment, delivered by Justice Jasjit Singh Bedi, highlighted the delay in registering the First Information Report (FIR) and the petitioner’s lack of involvement in the defrauded amount.
The case pertained to an FIR registered on 13-07-2022 under Sections 419, 420, and 120-B of the Indian Penal Code at the Cyber Crime Police Station in Chandigarh. The complainant alleged that he had paid a substantial sum to the accused for the purchase of Platinum Premium mobile numbers of a reputed telecom company, which were never activated. The accused, who had received the payment, ceased all communication with the complainant, leading to the filing of the FIR.
During the investigation, it was discovered that the mobile numbers used in the fraudulent activity were registered in the name of a co-accused. The court noted that the petitioner, Manpreet Singh, was not the beneficiary of the defrauded amount and that no recovery had been made from him. Additionally, none of the 15 prosecution witnesses had been examined thus far, and the trial was not expected to conclude in the near future.
Considering these factors, the court granted bail to Manpreet Singh, emphasizing that bail should only be denied in exceptional circumstances in cases triable by a magistrate, unless there are serious allegations of absconding or evidence tampering. The court further directed the petitioner to appear before the concerned police station regularly and submit written confirmation of non-involvement in any other criminal activities.
MANPREET SINGH VS STATE OF U.T., CHANDIGARH
Decided on : 30-05-2023
