IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. M No. 12780 of 2009 Date of Decision:May 28, 2009 Francis Naru ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Rajesh K.Dadwal, Advocate for the petitioner. Mr.Amandeep Singh Rai, Assistant Advocate General,Punjab Mr.A.P.Kaushal,Advocate for the complainant ** Sabina, J. Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.91 dated 22.3.2009 registered under Section 420 of the Indian Penal Code (`IPC' for short) at Police Station Sadar Hoshiarpur. The allegations against the petitioner is that he had taken money from the complainant for sending his son to Australia. However, neither the son of the complainant was sent to Australia nor the money in question was returned back to the complainant. Learned counsel for the petitioner has submitted that the petitioner is in custody since 20.3.2009 and conclusion of trial will take time. The challan has not yet been presented. Learned counsel for the State, who is assisted by Crl. Misc. M No. 12780 of 2009 -2- Mr.A.P.Kaushal, Advocate for the complainant has opposed the bail application. In view of the fact that the petitioner is in custody since 22.3.2009, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate, Hoshiarpur. ( Sabina ) Judge May 28,2009 arya