Jajwinder Singh v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-10965 of 2017 (O&M) Date of Decision: August 03, 2017 Jajwinder Singh ......PETITIONER(s).

VERSUS

State of Punjab and another ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Anureet S.Sidhu, Advocate for the petitioner (s).

Ms. Rajni Gupta, Senior D.A.G., Punjab.

Mr. H.P.S. Sandhu, Advocate for respondent No.2.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No.14 dated 17.01.2017 registered for the offence punishable under Section 420 read with Section 120-B of Indian Penal Code at Police Station Nathana, District Bathinda.

Heard.

Learned State counsel on instructions from HC Devi Singh submits that petitioner has joined the investigation, which is still in progress but his custodial interrogation is not required for the purpose of further investigation.

-2Learned counsel for the complainant submits that the petitioner had cheated the complainant and taken `18 lakh to send and settle him in Romania. Instead of Romania, first he was taken to Dubai and then was sent to Armania. Complainant after staying in Armania, came back to India, after 9-10 months on expiry his visa.

Learned counsel for the petitioner submits that the complainant earlier made complaint to Inspector General of Police, N.R.I. and Women Cell, S.A.S. Nagar, copy of which has been placed on file as Annexure P-2, wherein he has leveled the same allegations against Gagandeep Singh, Parminder Kaur and Navjot Kaur but petitioner was not named therein. Now he lodged this FIR by adding the name of petitioner. The matter is still under investigation which the petitioner has joined. The allegations levelled against the petitioner in Annexure P-2 and the FIR are the subject matter, which the Investigating Agency has to see before reaching some conclusions.

Keeping in view the above facts but without expressing any opinion on the merits of the case, this petition is allowed and the order dated 31.05.2017 is made absolute till the presentation of challan, subject to the following terms:- (i) that the petitioner shall make himself available for interrogation by the police as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that the petitioner shall not leave India without the prior

-3permission of the Court.

(iv) that the petitioner will seek regular bail on the presentation of challan in Court.

( SURINDER GUPTA ) August 03, 2017 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No