Criminal Misc. No.M-36323 of 2009 v. State of Punjab

Mr. R.P. Dhir, Advocate for the petitioner. Mr. V.P.S. Sidhu, Assistant Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks regular bail in a case registered against him on 16.12.2008 for the offences under Sections 406 and 420 IPC as also section 24 of the Immigration Act. The FIR in the case has been registered on the complaint of Jagir Singh aged 80 years against the travel agents for committing cheating and misappropriating an amount of Rs.9 lakhs. It is alleged that the grand- son of the complainant, namely, Baljinder Singh son of Tarsem Singh is living with him. Said Baljinder Singh was not interested in agriculture and was interested to go to his father Tarsem Singh who is living in Greece with his son Harcharan Singh. One Jit Singh son of Jagga Singh of Village Hussainpur Dullowal which is near Village Mangupur had some relationship with Baljinder Singh alias Balwinder Singh alias Sahbi and Gurprit Singh alias Sodhi sons of Jagir Singh and their mother Bhajan Kaur Cr. Misc. No.M-36323 of 2009 [2] widow of Jagir Singh resident of Dera Saidan, Police Station Sultanpur Lodhi. They all along with Krishan Pal Thakur (petitioner) and his mother Kamla Devi do the work of travel agents. In this regard Jit Singh and his son Anokh Singh had informed the complainant. The complainant in December 2007 met and spoke to the travel agents Jit Singh and Anokh Singh at Village Hussainpur Dullowal in the house of Jit Singh. These travel agents gave full assurance to the complainant that they would send grand-son of the complainant, namely, Baljinder Singh by a direct flight to Greece for which they would take Rs.10 lakhs. After negotiations the matter was settled for Rs.9 lakhs for sending the grand-son of the complainant by a direct flight to Greece and they would also get the Visa. Then on 1.2.2008, the above said travel agents came to the house of the complainant along with Jit Singh and Anokh Singh. At that time the former Sarpanch of their village, namely, Gurcharan Singh had also come. The complainant gave Rs.3 lakhs in cash to the travel agents in the presence of these persons. They took the amount and handed it over to Bhajan Kaur and Kamla Devi accused. Thereafter, Baljinder Singh, grand-son of the complainant was taken to Delhi in a vehicle. The passport was already with them for the purpose of Visa. On 2.1.2008, they got a Visa for Bangkok. On 3.1.2008, he was sent to Bangkok. He was told that after reaching Bangkok he would be reaching Greece and they would get a telephone call from Greece. It is alleged that the travel agent has put the grand-son of the complainant in trouble and also beaten him. Baljinder Singh had remained hungry and the travel agents had misbehaved with him. After reaching Bangkok on 13.1.2008 the travel agents came with Anokh Singh and asked Cr. Misc. No.M-36323 of 2009 [3] for the remaining amount. The complainant in the presence of Gurcharan Singh of Mangupur and Anokh Singh paid Rs.3 lakhs for sending Baljinder Singh from Bangkok to Greece. Thereafter, on 3.2.2008 another sum of Rs.3 lakhs was paid with the assurance that Baljinder Singh would be sent to Greece. However, Baljinder Singh was not sent to Greece and they had distributed the amount amongst themselves on a false assurance. Baljinder Singh was put in a lot of trouble and he came back on 18.5.2008. The complainant went to the travel agents along with others and they again assured the complainant to send Baljinder Singh to Greece. Thereafter, they had slipped away and were not traceable. It is alleged that the travel agent had cheated him and his grand-son from the beginning and had misappropriated a sum of Rs.9 lakhs. According to the learned counsel for the petitioner, the petitioner has been involved at the instance of Baljinder Singh alias Sahbi and Gurcharan Singh alias Sodhi sons of Jagir Singh. It is submitted that the petitioner is a resident of Village Bhanowal in District Hoshiarpur whereas Baljinder Singh alias Sahbi and Gurprit Singh as also their mother Bhajan Kaur are residents of District Kapurthala, which is far away from the village of the petitioner and there is nothing common between them. Besides, it is submitted that no money was paid to the petitioner nor any assurance was given by him. The money in question as per allegations in the FIR was entrusted to Bhajan Kaur and Kamla Devi. The challan in the case has been filed against Baljinder Singh alias Sahbi, Gurprit Singh alias Sodhi, Bhajan Kaur and the petitioner in February 2009, which according to the learned counsel for the petitioner would mean that Kamla Devi-the Cr. Misc. No.M-36323 of 2009 [4] mother of the petitioner, who is said to have been entrusted the money has been found innocent. The petitioner is in custody since 21.3.2009 and, therefore, is not required for the purpose of investigation. It is also submitted that charges in the case have been framed on 28.10.2009. In response, learned counsel for the State has opposed the application. It is submitted that the petitioner is involved in the racket of sending persons abroad and, therefore, he is not entitled to the concession of bail. After giving my thoughtful consideration to the matter, it may be noticed that the allegations as made in the FIR are to be established after evidence has been led. The case is triable by Judicial Magistrate Ist Class. The challan in the case has been filed. The charges have been framed on

28.10.2009. Till date no prosecution witness has been examined. The trial in the case would take time. Keeping in view the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of the learned trial Magistrate shall be admitted to bail. The criminal miscellaneous petition stands disposed of. February 18, 2010. *hsp* (S.S. Saron) Judge