Court rejects bail application of fraudster

28/03/2017

Jammu, Mar 27: Special Mobile Magistrate Electricity Sudhir Khajuria rejected the bail application of Ishfaq Ahmed Wani W/o Ghulam Nabi Wani R/o Awantipora Tehsil Awantipora District Pulwama who was duped the people on the name of job.
According to case per police report the complainant met one Amarjeet Singh Lakha R/o Reshamghar Colony Jammu who told him that his partner namely Kuldeep Singh Manhas R/o Lower Roop Nagar Jammu is getting his sons adjusted in police department out of the discretionary quota of DGP J&K for which he has to pay an amount of Rs. 4.00 Lacs out which Rs. 2.00 Lacs in advance has been paid to one Ishfaq Ahmed Wani PA to DGP. On this the complainant asked Kuldeep Singh Manhas to fix his meeting with said Ishfaq Ahmed Wani and accordinly Kuldeep Singh Manghas took the complainant to Police Line Jammu where the said Ishfaq Ahmed Wani came out of his office and told the complainant that there are certain vacancies in the discretionary quoata of the DGP which are not to be advertised and assured a job in lieu of Rs. 2.00 Lacs each. He further told that the proposal is ready and their names shall be included and the list will be out within fifteen days. It was further alleged that the complainant and his friend Onkar Singh R/o Chasan Reasi paid Rs. 2.00 lacs each to said Ishfaq Ahmed Wani through Kuldeep Singh Manhas S/o Lt. Angrez Singh Manhas R/o Durga Lower Roop Nagar Jammu and after receiving the money neither they were provided the job nor the money taken was returned as such all the accused have cheated them etc.
On receipt of this complaint a preliminary verification was initiated in Crime Branch Jammu and during the course of verification was initiated in Crime Branch Jammu and during the course of verification it was found that complainant had paid the money encahsed through cheque no. 026629 dated 30-7-14 amounting to Rs. 1.40 Lacs and cheque no. 026630 dated 30-7-14 amounting to Rs. 0.40 Lacs for the purpose and the amount was paid through Kuldeep Singh Manhas. It was also found that one Ishfaq Ahmed Wani S/o Retd SI Gulam Nabi Wani R/o Tral Awantipura District Pulwama personated to be the PA of DGP J&K and allured and cheated the complainant and his friend with the connivance of Kuldeep Singh Manhas S/o Lt. Angrez Singh Manhas R/o Suryavanshi Vihar Lower Roop Nagar Jammu and Amarjeet Singh lakha S/o Lt. Om Parkash R/o 198 Resham Ghar Colony Jammu solely in order to cheat them and cause them wrongful loss by misappropriating the money. The court observed that. The omissions and commissions therefore on the part of Ashfaq Ahmed Wani S/o Retd SI Ghula Nabi Wani R/o Tral Awantipora District Pulawama Kuldeep Singh Manhas S/O Lt. Angez Asingh Manhas R/o Suryawanshi Vihar Lower Roop Nagar Jammu and Amarjeet Singh Lakha S/o Lt. Om Parkash R/o 198 Resham Ghar Colony Jammu prima-dfacie constitute offences punishable u/s 419/420/406 RPC. Moreover during preliminary investigation/ enquiry it was revealed that some part of duped money was paid by the complainant and his friend to the accused persons through bank accounts as mentioned above so the concerned bank authorities were requested through communication to furnish the requisite Bank details to Crime Branch Jammu.
During the investiagion it reveals that accused Ishfaq Ahmed Wani S/o Gh. Nabi Wani R/o Awantipura Tral District Pulwama a selection grade then posted in security wing at Jammu who posed himself as PA to DGP J&K with the manipulation and criminal conspiracy of other accused persons namely Kuldeep Singh Manhas and Amarjeet Singh allured the complainant and his friend Onkar Singh thereby cheated the duped them of their hard earned money on the pretext of providing Govt. Job. In the instant case the swindled money to the tune of Rs. 20,000 has been recovered from accused Amarjeet Singh.
The accused Kuldeep Singh Manhas is habitual of committing such crime and a case FIR no. 31/2010 U/S 420/467/468/471 RPC P/S Crime Branch Jammu has already been challaned against him which is still subjudice before the court of 2nd Add. Session Judge Jammu. The accused Ishfaq Ahmed Wani has been arrested on 5-3-17 whereas accused Kuldeep Singh Manhas has been arrested on 10-3-17. Both the accused are being questioned/interrogated to effect the recoveries of remaining swindled money.
Court after hearing in a case where alleged offences involves official/economic transaction in such a case bail cannot be granted even on health grounds because a person having remained involved in a business which allegedly led to duping of a number of poor persons cannot suddenly be heard pleading his old age or poor health to escape the legal consequences of the situation so arising. Old age of poor health is no ground for release on bail unless there is material to suggest that detention may involve a risk to life. With these observations court rejected the bail application. JNF

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