RAVI GOYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AS the identical points for consideration to grant the concession of anticipatory bail or otherwise to petitioners & main accused Ravi Goyal son of Tarsem Lal and Gaurav Gupta son of Ramesh Chander Gupta, are involved, therefore, I propose to decide the above indicated petitions, arising out of the same case/FIR, vide this common order to avoid the repetition of facts.

(2.) THE petitioners have preferred the instant separate petitions for the grant of concession of pre -arrest bail, in a case registered against them along with their other co -accused, by means of FIR No. 129 dated 18.6.2014 (Annexure P10), on accusation of having committed the offences punishable under Sections 420 and 120B IPC by the police of Police Station Division No. 5, Civil Lines, Ludhiana.

(3.) EX facie, the arguments of learned counsels that the dispute in question is of civil nature and since the petitioners have been falsely implicated in this case by the complainant, so, they are entitled to the concession of pre -arrest bail, are neither tenable nor the observations of this Court in bail matter in case Kesho Ram Gupta v. State of Punjab, 2012(2) RCR (Criminal) 782 are at all applicable to the facts of the instant case, wherein, the petitioner (therein) was posted as Assistant General Manager of Bank of India. A loan was sanctioned in favour of M/s. Akhileshwar Industries. A draft worth Rs. 16,15,200/ - was issued in favour of M/s. Natraj Industries, Faridabad. Later on, this draft was surrendered and four drafts were issued in favour of M/s. Mahesh Industrial Corporation, Railway Road, Mandi Gobindgarh, District Fatehgarh Sahib. The amount was transferred to the account of wife of one of the partners. The only allegation against the Assistant General Manager was that he connived with the main accused had transferred the amount. No other specific role or part was attributed to him. On the peculiar facts and in the special circumstances of that case, the anticipatory bail was granted to the petitioner (therein). There can hardly be any dispute with regard to the aforesaid observations, but, to me, the same would not come to the rescue of the petitioners in the present controversy, for the reasons mentioned here -in -below.