CRM-M-16633 of 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-16633 of 2009 DATE OF DECISION:03.11.2009 **** Baljit Singh @ Ladi . . . . Petitioner VS. The State of Punjab . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Bipin Ghai, Advocate for Mr.Sandeep Gahlawat, Advocate for the petitioner. Ms.Rajni Gupta, Addl. A.G. Punjab. Mr.Gurmeet Singh, Advocate for Mr.L.M. Gulati, Advocate for the complainant. **** RAKESH KUMAR JAIN J. (ORAL) This is a petition under Section 438 of the Code of Criminal Procedure, 1973 (in short ‘Cr.P.C’) for grant of anticipatory bail in case FIR No.71 dated 22.9.2009 registered under Section 420 IPC at Police Station Kathunangal, District Amritsar (Rural). The FIR has been registered at the instance of Randhir Singh, in which he has stated that the petitioner has taken Rs.18 lacs from him on the pretext of sending him and his younger brother Paramjit Singh to Italy to his brother Gurdeep Singh. It is alleged that assurance was also given that Gurdeep Singh would arrange regular job for them. As per the averments made in the FIR, younger brother of the complainant Paramjit Singh had already left for Italy. Apprehending his arrest, petitioner had applied for bail before the Court below, which was dismissed by the Sessions Judge Amritsar vide his order dated 9.6.2009. Petitioner has applied for anticipatory bail before this Court, in which notice of motion was issued for 17.7.2009 subject to his joining investigation as and when required. Thereafter, the case was adjourned and interim order was ordered to continue to find out whether Randhir Singh (complainant) got Visa for Italy or not. Learned counsel for the State, on instructions received from SI Baldev Singh, has stated that on an enquiry from the Italian Embassy, it has been found that Randhir Singh CRM-M-16633 of 2009 - 2 - (complainant) has got Visa for Italy. Learned counsel for the petitioner has submitted that in terms of the order passed by this Court on 18.6.2009, petitioner has joined the investigation. Learned counsel for the State, on instructions received from SI Baldev Singh, admits that the petitioner has joined the investigation. In view of the above, order dated 18.6.2009 is hereby made absolute. It is directed that petitioner shall join the investigation as and when called and shall abide by the provisions as envisaged by Section 438(2) Cr.P.C. (RAKESH KUMAR JAIN) NOVEMBER 03, 2009 JUDGE vivek