Court Dismisses Sahil Garg's Plea, Emphasizes Judicial Integrity and Imposes Exemplary Costs
In a recent decision, the Punjab and Haryana High Court, presided over by Justice Sumeet Goel, dismissed the anticipatory bail petitions filed by Sahil Garg in connection with serious allegations of economic offences, cheating, and dishonest inducement. The court underscored the necessity of custodial interrogation for effective investigation, given the gravity of the accusations and the substantial public interest involved.
The case originated from an FIR filed by Jatinder Kumar, who manages M/s Jainam Foods. Kumar alleged that Sahil Garg, alongside associates, induced him to supply large quantities of basmati rice under false pretenses, offering to pay above-market prices but subsequently failing to honor the payments. Despite partial payment, the accused allegedly threatened the complainant and ceased communication.
Garg, represented by his counsel, contended that the dispute was commercial and civil in nature, arguing his innocence and claiming his status as an advocate who had been falsely implicated. However, the court found the allegations, which detailed a scheme to defraud through misrepresentation, warranted serious consideration and further investigation.
Justice Goel highlighted that the nature of the offence and the role of the petitioner necessitated custodial interrogation, as the allegations pointed to a complex modus operandi involving multiple similar FIRs across various jurisdictions. The court also emphasized the importance of maintaining judicial integrity, criticizing Garg's attempt to file multiple petitions with suppressed facts, amounting to forum shopping and an abuse of process.
In addition to dismissing the bail petitions, the court imposed exemplary costs of Rs. 50,000 on Garg for his conduct, directing the amount to be deposited with the Punjab State Legal Services Authority. The decision serves as a stern reminder of the judiciary's commitment to uphold the integrity of legal proceedings and deter vexatious litigation practices.
Bottom Line:
Anticipatory bail cannot be granted in cases involving serious allegations of economic offences, cheating, and dishonest inducement, especially when custodial interrogation is necessary for effective investigation. Filing multiple petitions and suppressing facts amounts to forum shopping and is an abuse of the judicial process.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, Criminal Procedure Code, 1973 Section 438
Sahil Garg v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2853777
