Raj Pal vs State Of Himachal Pradesh

Virender Singh, J

Apprehending his arrest in case FIR No. 201 of 2023, dated 17th October, 2023, registered under Sections 406 and 420 of the Indian Penal Code (hereinafter referred to as ‘IPC’), with Police Station Dhalli, District Shimla, H.P., applicant-Raj Pal has filed the present application, under Section 438 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), seeking the indulgence of this Court, to direct the Police/Investigating Officer of Police Station Dhalli, District Shimla, H.P., to release him, on bail, in the event of his arrest, in the above-mentioned FIR.

According to the applicant, he is an innocent person and has falsely been implicated, in this case, by the police, at the instance of the complainant.

It is worthwhile to record herein that the applicant has also tried his luck earlier by moving application, under Section 438 CrPC, bearing CrMP(M) No. 2796 of 2023, which was dismissed by this Court, vide order, dated 30th November, 2023. However, the present application is stated to have been moved, on the basis of the change in circumstances.

According to the applicant, during the pendency of the application, bearing CrMP(M) No. 2796 of 2023, he failed to produce the software/data, pertaining to the investors of the society, which has now been provided to the Investigating Officer and the entire record of the society is now with the Investigating Officer.

Apart from this, it has also been mentioned, in the application, to demonstrate the change in circumstances, that the invested money by different persons, has now been returned back to most of the investors and consequently, the investors have now intimated this fact to the concerned Police Station, through applications, as well as, through e-mails.

It is the further case of the applicant that most of the investors now do not want any action against the society, as well as, against him.

Re-iterating the fact that he is an innocent person and, in no way, involved in the present case, the applicant has sought the relief, as claimed in the application.

The applicant has also given certain undertakings, for which, he is ready to abide by, in case, directions are issued, under Section 438 CrPC, to the police.

When put to notice, the police has filed the status report, disclosing therein that on 17th October, 2023, complainant-Seema Bekta, moved a written complaint against the applicant before Police Post, Sanjauli, Police Station Dhalli, mentioning therein, that she is resident of the address, as mentioned in the complaint and is a home maker.

9.1. According to the complainant, from the month of January, 2022 to August, 2022, she had deposited a sum of ₹ 14,64,030/-, under different schemes, with Pride Cooperative NACT Society Ltd., M.D. of which, was Raj Pal (applicant) and its office was at Sanjauli.

9.2. As per the complainant, it has also been assured by the Society that in case, the applicant requires the amount, prior to the date of maturity, the said amount can be withdrawn. The dates of maturity of the amount deposited by her, are different.

9.3. According to the complainant, for the last few days, she is not feeling well, as such, she has requested the M.D. of the Society, namely, Raj Pal (applicant), to release the amount, which has been deposited by her, but, Raj Pal (applicant), has not returned the amount.

9.4. According to the complainant, now, she came to know about the fact that the society has done the same act with a lot of people and has not returned the amount to her. She has requested to the police that action be taken against the Society, as well as, its M.D. Raj Pal.

On the basis of the above facts, the FIR, in question, was registered and criminal machinery swung into motion.

During investigation, on 18th October, 2023, a request has been made to all the Nationalized Banks, to freeze the account of the Pride Co-operative NACT Society Ltd. Sanjauli, as well as, its Managing Director Raj Pal (applicant). The other persons, who have also been defrauded, by the Society, have also been associated in the investigation of the case.

On 26th October, 2023, Devinder Verma, son of Shri M.R. Verma, resident of Village Shivdhar, Post Office Majhar, Tehsil Theog, District Shimla, and other persons were also associated in the investigation, who had disclosed that the Society has defrauded them, for a sum of ₹ 8,87,500/- and ₹ 1,50,000/-.

On 20th October, 2023, the documents, with regard to registration of the Society, were obtained from the Registrar of Cooperative Society. On 30th October, 2023, those documents were taken into possession.

It is the further case of the police that on 29th November, 2023, when, the applicant had joined the investigation, he has produced cheques No. 000029 and 000030, for a sum of 1,00,000/- each, out of his Bank Account of Bank of Baroda, bearing No. 56890100000081. When, complainant-Seema Bekta was apprised about those cheques, she has refused to accept the same, on the ground, that in case, the applicant will issue the current cheque, which could be deposited for encashment, then, she could accept the same. Consequently, both the cheques were returned to the applicant.

It is the further case of the applicant that after the dismissal of the bail application, on 30th November, 2023, the applicant has absconded. His relative Hari Chand was associated in the investigation, who has disclosed that after 30th November, 2023, applicant had not returned back to his home.

Lastly, it has been submitted that as per the investigation, the society owned by the applicant, has to return back a sum of ₹ 2,89,43,870/-, to the investors/ depositors.

As such, it has been prayed that the investigation is required to be done from the applicant. Therefore, a prayer has been made to dismiss the application.

In this case, the applicant has also placed on record the photocopies of the applications, which have been moved by different depositors, addressed to the Incharge, Police Station Dhalli, mentioning therein that the amount, which, they had deposited, has been returned to them.

These documents have been placed on record in order to show that the applicant has now repaid the amount of the investors/depositors, as such, there is change in circumstances.

However, this Court is not inclined to accept the stand of the applicant regarding the alleged change in circumstances. The first bail application has been dismissed by this Court, vide order, dated 30th November, 2023.

Even, after the dismissal of the bail application, by this Court, on 30th November, 2023, the applicant has not joined the investigation and police could not nab him. Thereafter, he has filed the present application.

In the application, which was dismissed on 30 th November, 2023, this Court has categorically held that the economic offences are different from other offences. It has also been held that custodial interrogation is more result oriented than the investigation from a person, who is having protection, under Section 438 CrPC.

There is no substantive change in the circumstances, in the present case.

Considering the impact of the white coloured crimes in the society, this Court is of the view that the applicant is not able to make out a case for issuance of any direction, under Section 438 CrPC. Consequently, the present application is dismissed.

Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as, these observations, are confined, only, to the disposal of the present bail application.