Criminal Misc.-M No. 25304 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 25304 of 2011(O&M) Date of Decision: 12.10.2011 Bagga Singh ...Petitioner Versus State of Punjab ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. H.P.S. Ishar, Advocate for the petitioner. Mr. P.S. Bajwa, Deputy Advocate General, Punjab. …. RAJESH BINDAL, J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner. The allegation in the FIR got registered by Kewal Krishan, General Secretary of one Dalit Welfare Sabha, is that the petitioner had collected ` 50/- to ` 200/- from different persons for filing applications on their behalf for allotment of residential plots and sanction of loan for construction of Pucca house under the Indira Awas Yojna but he mis- appropriated that amount. Learned counsel for the petitioner submitted that the petitioner in fact, was doing a social service by making Dalits living in rural areas aware of their legal rights and the facilities being provided by the Government to them. He had been filing applications on their behalf to the Government and also making complaints to the higher authorities for misuse of funds. He has been falsely implicated in the complaint filed by the complainant alleging mis-appropriation of money. No person, who has allegedly been cheated, has come forward. Learned counsel for the State submitted that the petitioner had cheated number of persons by taking small money from them promising Criminal Misc.-M No. 25304 of 2011 2 allotments of plot or sanction of loan. He has referred to the statements of Joginder Kumar, Kewal Krishan and Sadanand alleging mis-appropriation of money by the petitioner. All three of them claim themselves to be office bearers of the Sabha. One statement of Veerpal Kaur has also been recorded under Section 161 Cr.P.C., who alleged that she paid ` 2,500/- to the petitioner for allotment of plot and arrangement of loan for construction of house but the same was not done by the petitioner. However, she was candid in stating that no receipt was available with her. Besides that no person, who had allegedly been cheated has come forward to get his statement recorded. After hearing learned counsel for the parties and considering the fact that the complainant and two other persons, who got their statements re- corded are the office bearers of the same Sabha alleging mis-appropriation of money, which even as per the allegation in the FIR is about ` 80,000/-. Veer- pal Kaur, who got her statement recorded regarding cheating, also does not have any receipt showing payment of money to the petitioner, in my opinion, the petitioner is not required to be taken into custody for interrogation. The petitioner is directed to appear before the Investigating Officer on 20.10.2011 at 10.00 a.m. to join investigation and in case of arrest, he shall be released on furnishing of bail bonds to the satisfaction of the Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438 (2) Cr.P.C. The petition stands disposed of. (RAJESH BINDAL) JUDGE 12.10.2011 sharmila