Paramjeet Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of Decision: 23.02.2022 Paramjeet Singh .......... Petitioner

Versus

State of Punjab .......... Respondent CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Ms. Harmeet Kaur, Advocate for the petitioner. Mr. Bhupender Beniwal, Assistant Advocate General, Punjab Mr. Karanjeet Singh Brar, Advocate for the complainant.

**** SURESHWAR THAKUR, J. (ORAL) 1.

The petitioner, by filing the present petition under Section 438 Cr.P.C., seeks grant of anticipatory bail in case FIR No. 202 of 06.10.2021, which was registered against him, at Police Station Mukeriyan, District Hoshiarpur, Punjab, constituting therein an offences under Section 420 of the IPC, and, under Section 24 of the Immigration Act. 2.

This Court, through an order made on 28.10.2021, had granted ad interim bail to the bail applicant / petitioner. 3.

The bail applicant is alleged to, on the pretext of sending the complainant abroad, and, also for procuring a visa from him, dupe him of a sum of Rs. 14 lakhs.

4.

Be that as it may, since, the learned counsel for the petitioner, on instructions, given to her, submits that the petitioner is ready and willing to, at this stage, as a pre-condition for this Court making absolute the afore interim order, deposit an amount of Rs. 50,000/-, and, that also he is ready

-2and willing to liquidate the entire borrowings through paying under receipts a sum of Rs. 50,000/- every month to the respondent - complainant. 5.

The learned counsel for respondent - complainant, does not contest, the afore submission made by the learned counsel for petitioner, rather submits that the afore proposal, as, made before this Court, is acceptable to the respondent - complainant.

6.

Moreover, since the learned State Counsel, on instructions, meted to him, by the Investigating Officer concerned, submits that the bail applicant - petitioner, has participated in the relevant investigations, and, is also rendering his fullest cooperation to the IO concerned, in the investigations, as, are underway, into the offence(s) carried in the FIR (supra).

7.

Consequently, as a pre-condition for this Court, hence making absolute the order, made by this Court on 28.10.2021, it is directed, that the bail applicant shall deposit a sum of Rs. 50,000/- with the IO concerned. The afore deposited sum of money by the petitioner to the IO concerned, shall be, after the petitioner liquidates the entire borrowings in the afore stated schedule manner, inasmuch, as, upon, his excepting the above deposit, liquidating the last instalment to the respondent - complainant, hence under receipt become released by the IO concerned, to the complainant.

8.

Moreover, in case, there is any default of payment on the part of the petitioner, to in afore mode liquidate the entire borrowings, as taken by him from the respondent-complaint, thereupon, it is open to the IO concerned to draw an affirmative report, in accordance with law, under

-3Section 173 of the Cr.P.C., before the learned Illaqa Magistrate concerned. 9.

In the afore event, the IO shall also deposit a sum of Rs. 50,000/-, as received by him, from the bail petitioner, as a pre-condition for this Court, making absolute the order made on 28.10.2021, rather in the establishment of the learned Illaqa Magistrate concerned. The disbursement of the afore shall be subject to the outcome of the trial as may become entered upon, by the learned Illaqa Magistrate concerned. The other conditions made in the order of 28.10.2021, as, made, by this Court, shall also continue to be abided by the petitioner. 10.

Disposed of.

February 23, 2022 ( SURESHWAR THAKUR ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No