In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 326 of 2009 Date of Decision:February 06, 2009 Jatinder Kumar ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. M.S.Bedi,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG, Punjab *** SABINA, J. Peittioner-Jatinder Kumar has filed this petition under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') for grant of regular bail in FIR No. 126 dated 21.8.2007 under Section 420 of the Indian Penal Code registered at Police Station Mukerian, District Hoshiarpur. The allegation against the petitioner is that he along with his father had received Rs. 5 lakhs each from Jagir Kaur and Sheelo Devi for sending their sons abroad. Neither their sons were sent abroad nor the amount, in question, was returned to them. Learned counsel for the petitioner submits that the petitioner is in custody since 4.9.2008. Learned State counsel, on the other hand, has opposed the bail Crl. Misc. No. M- 326 of 2009 -2- application. ` The fact whether the petitioner has received the amount, in question, or not would more appropriately be gone into and considered during trial. Keeping in view the fact that the petitioner is in custody since 4.9.2008, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate, Hoshiarpur. (SABINA) JUDGE February 06, 2009 PARAMJIT