Excelsior Correspondent
JAMMU, Oct 9: Principal Sessions Judge Jammu, Jang Bahadur Singh Jamwal today declined to grant pre-arrest bail to Sham Lal and Kuldeep Singh, agents of Sheen Agro and Plantation Ltd Finance Company.
According to the police case, accused Dr Baldev Singh, owner of Finance Company Sheen Agro and Plantation Ltd and the petitioners Sham Lal and Kuldeep Singh, agents of the company, were running a fake company and cheating the people. They cheated the complainant, an illiterate person, by projecting company as a Government owned and by promising that the deposited money would be doubled in five years. As a part of conspiracy, the petitioners prepared forged documents and receipts and gave the same to the complainant.
After hearing Public Prosecutor for the State whereas Advocate Narinder Kumar for the petitioners, Principal Sessions Judge observed, “the police has still to verify where the money has gone. The complainant had deposited the money with the petitioners’ company on the assurance that his money will be doubled in five years but now they are refusing to pay the same to the complainant back”.
“The counsel for the petitioners has only laid his defence that no entrustment of any property has been established. Though this is a defence, which can only be agitated while the challan is produced and the trial commences, interceding the investigation such kind of defence is not available to the defence counsel neither any comments can be divulged while determining the bail application of the petitioners”, the Court said.
“The petitioners are still at large, the investigation is at the infancy stage and still the prosecution has to procure the evidence and the record which is only known to the petitioners. In case such kind of people are shown leniency, the other likewise criminals will be encouraged. I am satisfied that in case the petitioners are admitted to bail in anticipation of their arrest, there is no possibility of recovering the alleged amount as well as the relevant documents therein”, the Court said, adding “in case, the petitioners are admitted to bail in anticipation of their arrest, there is every likelihood that they will not attend the investigation and possibility of their intervening and tampering with the evidence cannot be ruled out”.
“The offence alleged to have been committed by the petitioners is punishable with imprisonment for life. In such like circumstances, it will not be appropriate to accept the pre-arrest bail of the petitioners”, the Court said.
With these observations, the Court dismissed the bail application of the petitioners.
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