Raj Kaur And ANR v. State Of Punjab
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Status report has been filed by respondent-State as per which on receipt of complaint % ##!<!4
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It is, however, argued by learned State counsel that keeping in view the nature of the allegations and for conducting thorough investigation in the matter by the police, custodial interrogation of the petitioners is required. 5.
On the other hand, learned counsel for the complainant has vehemently argued that the petitioners with dishonest and fraudulent intention to cause wrongful loss, induced her husband and herself to part with a sum of Rs. 1,10,00,000/- on the pretext of settling them in Australia on investment visa while fully knowing that they could not do so. The allegations against them are serious and require deeper probe. The amount of money as taken by the petitioners thereby cheating the complainant and her husband is to be recovered from the petitioners for which their custodial interrogation is required. Therefore, it is urged that the petition does not
deserve to be allowed.
6.
I have heard learned counsel for the parties at considerable length and have gone through the record carefully. 7.
The petitioners are alleged to have induced the complainant and her husband to part with a sum of Rs. 1,10,00,000/- on the pretext of sending them to Australia on investment visa. During the course of inquiry, complainant has been able to show the transaction of amount of Rs. 14,00,000/- by way of transfer of the same in the account of the petitioners. However, no material has been collected with regard to the payment of the amount of Rs. 1,10,00,000/-. According to the prosecution this amount was given to the petitioners during the period from August 2020 till 2022. The complaint had been lodged on 06.04.2023 and FIR was registered on 19.07.2024. There is inordinate delay in reporting the matter to the police. The allegations qua payment of amount of Rs. 1,10,00,000/- have prima facie not been made out.
Though, the petitioners have not been able to show as to what civil proceeding has been initiated by the complainant against them and it is also submitted by learned counsel for the complainant that no such proceeding is pending, however, keeping in view the nature of the allegations and the fact that no material has come on record to show that the petitioners were running any travel agency or they received any amount of money beyond the sum of Rs.
not. Moreso, as to whether, it was a case of inducement made on the pretext of sending the family of the complainant abroad. Moreso, the criminal proceedings are not for realisation of disputed dues. Process of criminal law is not akin to money recovery proceedings and cannot be utilized for arm twisting and money recovery especially while opposing the prayer for bail of observed in Ramesh Kumar Vs. State of NCT of Delhi, 2023 AIR (SC) 3484. Reliance can also be placed upon Dilip Singh v. State of Madhya Pradesh, (2021) 2 SCC 779, wherein it was observed by Hon'ble Supreme Court that a criminal Court exercising jurisdiction to grant bail/anticipatory bail is not expected to act as a recovery agent to realise the dues of the complainant, that too without any trial.
8.
In the peculiar circumstances of the case, it may be stated that custodial interrogation of the petitioners is not required. As such, in my considered opinion, it is fit case for extending benefit of pre-arrest bail to the petitioner. Accordingly, the petition is allowed and the petitioners are ordered to be extended benefit of anticipatory bail, subject to
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