SURAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Suraj, who is in custody since 06.09.2017, has approached this Court for grant of regular bail under Section 439 of the Code of Criminal Procedure in case FIR No.119 of 2016, dated 13.09.2016, under Sections 420, 306, 419, 467, 468 & 471 of the Indian Penal Code, registered at Police Station, Bhoranj, District Hamirpur, Himachal Pradesh.

(2.) Sequel to order dated 5.3.2018, ASI Balbir Singh, Police Station, Bhoranj, has come present in Court alongwith the record of the case. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the investigating agency. Record perused and returned.

(3.) Perusal of the record/status report, suggests that FIR, detailed hereinabove, came to be lodged at police Station, Bhoranj at the behest of complainant namely Smt. Kashmiro Devi, who in her statement recorded under Section 154 Code of Criminal Procedure, alleged that her husband namely Amarjeet Sharma, committed suicide on 4.6.2016 by hanging himself with ceiling fan. Complainant further alleged that her husband was compelled to commit suicide on account of cheating/fraud committed upon him by various persons including the present bail petitioner, as named in the FIR. During investigation, police also recovered suicide note in the shape of diary, wherein deceased had stated/ written that he without having any authorization from Pandher Co-operative Society, invested the money of the society in various companies namely Reliance Communication, New Delhi and Union Value Service, Gajiabad. Since, the deceased was unable to recover an amount of Rs. 51, 29, 020/- allegedly deposited/invested by him in the aforesaid companies, despite his repeated requests made to the persons owing/managing the affairs of aforesaid companies, he was compelled to commit suicide. On the basis of aforesaid statement given by the wife of deceased Amarjeet Sharma, FIR detailed hereinabove, came to be lodged against the bail petitioner, who at that relevant time was managing the affairs of M/s Star Investment Company. Allegedly, deceased Amarjeet Sharma had deposited a sum of Rs. 3,94, 000/-with the aforesaid company. Since, the name of company owned/managed by the bail petitioner was also recorded in the diary maintained by the deceased, bail petitioner came to be arrested on 6.9.2017 and since then he is behind the bars.