HARBHAJAN SINGH AND ANOTHER Vs. U T CHANDIGARH

JUDGEMENT

(1.) This is Crl. Misc. No. 17404-M of 1999 filed by Harbhajan Singh and Lakhbir Singh sons of Pritam Singh (petitioners herein) whereby they have claimed anticipatory bail in case FIR No. 85 dated 5.5.1999 registered under Section 406, 420, 381, 120-B IPC of PS East, Chandigarh.

(2.) The prosecution case in brief is that there was one S. Amarjit Singh who was running two construction companies; one known as Amar Civil Construction Pvt. Ltd. of which he and his wife were the Directors and the other known as Amar Construction Co. of which he was the sole proprietor. Harbhajan Singh is his nephew. For running business. Amarjit Singh had some employees including this Harbhajan Singh whom he appointed as Manager. He was looking after the entire business of Amarjit Singh being run in the name of said concerns. As Harbhajan Singh was closely related to Amarjit Singh, Amarjit Singh reposed faith and confidence in him. House was taken on rent at Bikaner by Amarjit Singh to live in. Whenever he went there to look after and manage his business, he stayed in that house Harbhajan Singh was also allowed to reside in that house. Amarjit Singh fell intermittently ill and he was getting treatment at PGI, Chandigarh. Household effects lying in that house at Bikaner was the property of Amarjit Singh. Amarjit Singh was admitted in PGI on 12.5.98 and he died on 15.5.98. Harbhajan Singh remained with Amarjit Singh at Chandigarh for some days at or about the time when he was getting treatment. In the presence of Harvinder Kaur daughter of Amarjit Singh, her mother and one H.S. Dhamija, Harbhajan Singh got blank cheques signed from Amarjit Singh while in house No.3046, Sector 28-D, Chandigarh. Those were blank cheques. Harbhajan Singh represented that he required blank cheques so that if he required money for running the business, he should fill up the blanks and get cheques encashed. Amarjit Singh kept the cheque book with his signatures on blank cheques with Harbhajan Singh. Harbhajan Singh went to Bikaner on the death of Amarjit Singh. He came at the time of cremation. After the death of Amarjit Singh, Harbhajan Singh remained with the family of Amarjit singh in house No.3046, Sector 28-D, Chandigarh on the pretext that he would perform last rites and find out ways and means to manage the business and the property of Amarjit Singh. He was behaving as if he was all for the family of Amarjit Singh who became afflicted with his sudden demise and manage the business and property of Amarjit Singh. Amarjit Singh's wife was a house wife not conversant with business matters and dealings of her husband. Amarjit Singh's daughters were of young age and raw and were not familiar with the business matters. They could not understand the moves of Harbhajan Singh and his family. Harbhajan Singh continued to represent that he will account for with regard to the business and its property. Amarjit Singh's widow and young daughters believed Harbhajan Singh to be managing and looking after the property on their behalf. When Harbhajan Singh was called upon to account for the business dealings, he continued putting them off. He continued to use vehicles belonging to the said concerns. He would park the vehicles at House No.3046, Sector 28-D, Chandigarh and take them with the permission of Amarjit Singh's widow saying that he would utilize the vehicles for business purposes. He also had access to the record pertaining to the said concerns lying in House No. 3046, Sector 28-D, Chandigarh. Harbhajan Singh in conspiracy with Lakhbir Singh fraudulently and dishonestly deprived the heirs of Amarjit Singh of the property worth lacs of rupees by committing breach of trust and forgery. They dishonestly and fraudulently removed and were concealing the property belonging to the deceased. He forged 3 cheques out of those he got signed from late Amarjit Singh by putting dates 11.5.98, 12.5.98 and 14.5.98 filling therein amounts of Rs. 4 Lacs, Rs. 4 lacs and Rs.2,26,000/- and withdrew the amount but did not spend it in furtherance of the business interests of the said concerns. He removed the office record with a view to commit forgery therein. Case was registered on the application of Smt. Harvinder Kaur daughter of late Amarjit Singh.

(3.) In support of anticipatory bail to the petitioners, Shri P.S. Mann, Sr. Advocate assisted by Shri TPS Mann, Advocate submitted that the petitioners are the nephews of Amarjit Singh being the sons of his real brother Pritam Singh. Harbhajan Singh was conducting the business. Amarjit Singh had full faith in him as he had no male child but four daughters only. It was a joint family pursuit which Harbhajan Singh was having with Amarjit Singh. In order to enable him to carry on business, Amarjit Singh authorised him to act as his attorney. He was operating the financial transactions including the accounts of the concerns apart from managing the business. In the course of business, the companies needed financial assistance which was arranged through loans advanced by Harbhajan Singh and his relatives. Loan contributed by Harbhajan Singh and his wife in the sum of Rs. 1,58,844/- and Rs.4,36,344/- is lying in the account of the company. Harbhajan Singh's mother-in-law also advanced a sum of Rs.2,87,500/- which also finds mention in the accounts of the company. Harbhajan Singh's family advanced in all an amount of Rs. 11, 10,962/- as loan. It was further submitted that Lakhbir Singh has no interest whatsoever so far as the business of these companies is concerned. He was implicated because he is Harbhajan Singh's brother.