K.S.GAREWAL,J - (1.) BALDEV Krishan Shukla has filed this application under Section 439(2) Cr.P.C. for cancellation of the regular bail granted to Poonam and Chandan on May 4, 2005 by Chief Judicial Magistrate, Panchkula under the provisions of Section 437(6) Cr.P.C.
(2.) BALDEV Krishan Shukla is the complainant on the basis of whose statement, F.I.R. 75 was registered at Police Station, Pinjore on May 2, 2004 against Poonam's husband Vijay Kumar as well as against Poonam and Chandan. The allegation was that the three of them were running "committees" in five groups. In ordinary parlance these "committees" are groups of persons who make monthly contribution, which are then collected and handed over to one member of the group by turn. This is like a saving scheme. The members save money and occasionally withdraw their savings in lumpsum to use the amount for making personal investments. The accused were running five such groups. The complainant was cheated when the so-called "committees" collapsed. He lost Rs. 3.60 Lacs. Many others were also cheated by the accused of various sums, ranging from Rs. 63,000/- in the case of Anurag to Rs. 2.31 Lacs in the case of Vinod Garg. The total amount was nearly Rs. 42 lacs. After the case was registered Vijay Kumar absconded while his wife Poonam was arrested on October 20, 2004. Her application for bail was dismissed on November 15, 2004. A further application for bail before learned Additional Sessions Judge, Panchkula was dismissed on November 17, 2004. Regular bail application under Section 439 Cr.P.C. (Criminal Misc. 57916-M of 2004) was dismissed by this Court on March 7, 2005 with the following observations : "No ground for bail at this stage since the amount involved is about 42 lacs and the main accused Vijay Kumar husband of the petitioner is still absconding and is stated to be abroad. It will be expected that the police will more speedily get Vijay Kumar extradited from where he is hiding. The petitioner will be at liberty to seek bail after Vijay Kumar is apprehended or the cheated amount is returned to the various complainants."
(3.) HOWEVER , Poonam and Vijay Kumar managed to secure bail a few months later on May 4, 2005 under the provisions of Section 437(6) Cr.P.C.;