Crl. Misc. No. M- 29318 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 29318 of 2009 (O&M) Date of decision: April 19, 2010 Pran Nath ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. GPS Bal, Advocate, for the petitioner. Mr. AS Brar, Sr. DAG, Punjab. GURDEV SINGH, J. Heard. This petition under Section 439 of the Criminal Procedure Code has been filed by the petitioner-Pran Nath, for releasing him on bail in FIR No. 145 dated 15.9.2006, registered at Police Station Police Division No. 1, Jalandhar, under Sections 420 and 120-B IPC. This FIR was got registered by Gurbachan Salohtra/complainant and he came up with the plea that different amounts were paid by different persons, totaling Rs. 26 lacs, through him, to the present petitioner, for sending them abroad and they were never sent abroad, nor money was returned. The petitioner was declared as proclaimed offender when he could not be arrested in execution of the warrants issued against him. The challan was presented in the court in his absence. However, he surrendered before the trial court on 27.8.2009 and he is coming in custody since then. Crl. Misc. No. M- 29318 of 2009 2 It has been submitted by learned counsel for the petitioner that the compromise (Annexure P/2) had been entered into between the petitioner and the complainant, vide which the complainant agreed to get the FIR cancelled and that the petitioner was under the impression that the FIR has been got cancelled and under that impression he did not appear before the trial court. This petition was repeatedly adjourned in order to enable the prosecution to produce the material witnesses before the trial court for recording their statements. It has failed to produce those witnesses before the trial court and the trial is being protracted. There is no likelihood of the conclusion of the trial at an early date, when the prosecution has failed to produce the prosecution witnesses before the trial court inspite of direction by this Court. Keeping in view these circumstances, this application is allowed. The petitioner shall be admitted to bail to the satisfaction of the trial court, subject to the following conditions:- (i) he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officers; and (ii) he shall not leave India without the previous permission of the Court. April 19, 2010 (GURDEV SINGH ) prem JUDGE