Criminal Misc. No. M-1790 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-1790 of 2011 Date of decision : 16.02.2011 Bhupinder Singh ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. S.S. Rangi, Advocate for the petitioner. Mr. Shailesh Gupta, Deputy Advocate General, Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioner vide FIR No. 445 dated 25.12.2010 under Sections 420/34 IPC at Police Station Tripuri Town, District Patiala. The complainant lodged the complaint alleging that he had paid an amount of `12 lacs to the petitioner for sending him to USA. A promise was made that the complainant would be sent to USA in the year 2005. However, the promise having not been fulfilled, an amount of `6 lacs and passport were returned to him. The remaining amount of `6 lacs were not returned to the petitioner due to which the instant FIR was lodged. Learned counsel for the petitioner has argued that main accused in the case is Hari Singh and no role whatsoever is attributed to the petitioner. He is, thus, entitled to the concession of pre-arrest bail. Criminal Misc. No. M-1790 of 2011 2 Learned State counsel has, however, opposed the plea. He submits that petitioner is named in the FIR and is clearly involved in the crime. He has filed an affidavit of ASI Satnam Singh, Police Station Tripuri, District Patiala. He has referred to the same and submits that there is another FIR No. 439 dated 27.10.2005 registered under Sections 406/420/467/468/471/120-B IPC at Police Station Thanesar (Kurukshetra) pending against the petitioner on similar allegations. In both the cases, the petitioner has cheated the innocent persons on the pretext of sending them abroad. In view of nature of allegations and pendency of other case, I am of the considered view that custodial interrogation of the petitioner may be necessary for taking the investigation to its logical end. His plea for pre- arrest bail is without any merit and the same is hereby rejected. Accordingly, this petition is dismissed. February 16, 2011 (RAJAN GUPTA) Ajay JUDGE