AMANDEEP SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE compendium of the facts and material, which needs a necessary mention, for the limited purpose of deciding the instant petition for anticipatory bail, filed by petitioners Amandeep Singh and Ramanjit Singh alias Ramandeep sons of Ram Singh and emanating from the record, is that, complainant Basant Lal son of Krishan (for brevity 'the complainant') was dealing in transportation business in the name and style of M/s. Azad Road Lines Transport. On 04.11.2012, the petitioners along with their co -accused came to his (complainant) office with a truck -trolla, having ten tyres, bearing fake registration No. RJ -19 -G -4783 and asked the complainant to load the goods. After settling the rate, the complainant prepared the consignment note (builty) of 723 bags of basmati rice, weighing 35 kg each per bag, in the name of Joshan Food Jalalabad to Tarn Taran and loaded in the truck of the petitioner. The consignment was dispatched to its destination at about 10.00 PM on 04.11.2012. According to the complainant, on 14.11.2012 he received a telephone call from the accountant of Joshan Food and M/s. Arora Trading Company, Commission Agent that they have not received the Basmati Rice/goods loaded in the truck of the petitioners. He made inquiry and came to know that in fact petitioner Amandeep Singh is owner of truck bearing actual registration No. PB -30 -F -9860 but he has changed the number plate of the truck and put a fake plate indicating the number of the truck as RJ -19 -IG -4783 to cheat the complainant. The 723 bags of basmati rice did not reach the destination, which were misappropriated by the petitioners -accused. Leveling a variety of allegations and narrating the sequence of events in detail, in all, the complainant claimed that the petitioners along with his other co -accused, have hatched a criminal conspiracy, changed the fake number plate of their truck, cheated him and misappropriated the 723 bags of basmati rice. In the background of these allegations and in the wake of complaint of the complainant, the present case was registered against the petitioners -accused, by virtue of FIR No. 386 dated 24.11.2012, on accusation of having committed the offences punishable under Sections 420 and 406 read with Section 120 -B IPC, by the police of Police Station City Tarn Taran, in the manner depicted here -in -above.

(2.) HAVING exercised their right and remained unsuccessful in the court of Additional Sessions Judge, Tarn Taran, now the petitioners have preferred the instant petition in this Court, for the grant of pre -arrest bail in the indicated case, invoking the provisions of Section 438 Cr.P.C.

(3.) EX facie, the argument of learned counsel that since the petitioners have been falsely implicated in this case, so, they are entitled to concession of anticipatory bail, is not only devoid of merit but misplaced as well.