Parminder Singh v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Sr. No.216 Case No. : CRM-M-30897-2024 Decided On : July 29, 2024 Parminder Singh ....

Petitioner vs.

State of Punjab ....

Respondent CORAM :

HON'BLE MR. JUSTICE GURBIR SINGH.

* * * Present :

Mr. Vinod Ghai, Senior Advocate with Mr. Arnav Ghai, Advocate and Mr. Shivam Sharma, Advocate for the petitioner.

Ms. Avneet, AAG, Punjab.

* * * GURBIR SINGH , J.

:

1.

Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.181 dated 16.05.2024, under Section 24 of the Immigration Act and Sections 420, 120-B IPC, 1860, registered at Police Station Zirakpur, District S.A.S. Nagar (Mohali). 2.

The learned Senior counsel appearing for the petitioner submits that challan in the present case has also been filed under Section 13 of the Punjab Travel Professional Regulations Act, 2014. So, the same be also added in the heading of the main petition.

3.

The learned State counsel does not dispute the afore-stated fact. 4.

In view of the oral request made by learned Senior counsel for

-2the petitioner, Section 13 of the Punjab Travel Professional Regulations Act, 2014 is ordered to be added in the heading of main petition. Registry to do the needful.

5.

As per the allegations, the case of the prosecution is that on 16.05.2024, Sub Inspector Kuldeep Singh, along with other police officials, was on patrolling duty, when he received secret information that accused persons namely Gurpreet Singh, Parminder Singh (petitioner) and Vijay were illegally doing the work of Visa Consultancy, without any valid license from the Government, thereby cheating the innocent people. Accordingly, raid was conducted at the disclosed place and all the three aforementioned accused were arrested on the same day i.e. 16.05.2024. Gurpreet Singh allegedly got recovered Rs.2.96 crores, Parminder Singh (petitioner) got recovered some documents and accused Vijay got recovered one computer make ASUS. The accused persons were produced in the concerned Court on 17.05.

2024 and their police remand was obtained for one day. During interrogation, on the basis of disclosure statement, co-accused Gurpreet Singh got recovered four passports, which were later identified by one of its bearers namely Kuldeep Singh, who also got recorded his statement that Gurpreet Singh introduced him with his partners Parminder Singh (petitioner) and Vijay and on assurance given to him to get Canada Visa, he handed over his passport along with three other passports to Gurpreet Singh to get the needful done. A sum of Rs.12 lakh was also handed over to Gurpreet Singh for this purpose.

-36.

Learned senior counsel for the petitioner has argued that the petitioner was working as a Sports Teacher in various schools and after resigning from the above said position, he is running his own Academy in the name of Singh Warriors Club (Martial Arts School) since the year 2021 till date. It was further submitted that the police could not find anything against the petitioner and alleged recovery is the foisted one. The completion of trial will take a long time. So, the petitioner be released on bail. 7.

Status Report on behalf of respondent-State has been placed on record. Learned State counsel, while referring to the Status Report, has opposed the bail petition by submitting that it is serious case of cheating the innocent people. Hard-earned money of public is demanded on the pretext of sending them abroad and petitioner is actively participating in this business, which is on a high rise in the Society these days. So, he does not deserve concession of bail.

8.

Heard.

9.

The main allegations are against the co-accused Gurpreet Singh. The petitioner has only been found present at the disclosed place, when the raid was conducted. No doubt, his name was also figured in the secret information, but nothing incriminating has been alleged to be found from the petitioner. The challan in this case has already been presented. It is question of evidence whether forgery, if any, has been committed by the petitioner or not. Culpability of the petitioner shall be decided during trial of the case.

-410.

In view of the aforesaid facts and circumstances of the case, since completion of trial will take a long time, no useful purpose would be served by keeping the petitioner behind bars for a long time. 11.

Accordingly, without commenting upon the merits of the case, the present petition is allowed and the petitioner is directed to be released on regular bail, on his furnishing bail bonds/surety bonds, to the satisfaction of learned Trial Court/Duty Magistrate concerned. 12.

Nothing contained herein above shall be construed as an expression of opinion on the merits of the case. 13.

Pending applications, if any, shall stand disposed of along with the present petition.

July 29, 2024 (GURBIR SINGH) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.