IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-8700 of 2011 DATE OF DECISION: April 08, 2011 Harvinder Singh alias Mani Bhopa Rai …..Petitioner versus State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.Arun Takhi, Advocate for the petitioner Mr.Shilesh Gupta, DAG, Punjab .. RAJAN GUPTA, J.: (Oral) This is a petition under section 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioner under sections 420,406 IPC vide FIR No.5 dated 21.01.2011 at police station Gardhiwal, District Hoshiarpur. Learned counsel for the petitioner has argued that FIR was lodged after a considerable delay and role of the petitioner is merely that of mediator. He has referred to documents (Annexures P3/1, P3/2 and P4/1) to contend that from a perusal thereof it is clear that visa was infact arranged by Pritam Singh and petitioner was named as a mediator. He submits that petitioner is thus, entitled to concession of pre-arrest bail. Crl.Misc.No.M-8700 of 2011 -2- I have heard learned counsel for the parties. Complaint was lodged by Surjit Singh who stated that he had come in contact with petitioner and his mother. They had promised to send him to Canada if the complainant was ready to spend Rs.10 lacs. Resultantly, he paid Rs.1 lac in cash and handed over his passport to Mani Bhopa Rai (petitioner herein). The amount of Rs.5 lacs was paid later. Complainant was told that his flight would leave on 12.12.2010 from Delhi Airport at 6.55 A.M. Complainant was apprehended by Delhi Police as the visa he was carrying was found to be fake. Complainant was sent to Tihar jail. His wife thereafter brought him back from Delhi after getting him released on bail. Complainant thereafter tried to contact the petitioner on his mobile, but it was switched off. In view of the nature of allegations levelled in the FIR, I am of the considered view that petitioner is not entitled to concession of pre-arrest bail. On the other hand, his custodial interrogation may be necessary for taking the investigation to its logical end and to unravel the modus operandi in commission of crime. Dismissed. April 08, 2011 ( RAJAN GUPTA ) pc JUDGE