Criminal Misc. No.M-3121 of 2010 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-3121 of 2010 (O&M) Date of decision: 3.2.2010 Roshan Lal Verma ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Sameer Sachdeva, Advocate, for the petitioner **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 363 dated 18.11.2009 under Sections 406, 420, 467, 468 of the Indian Penal Code (“IPC” for short) and 24 of Immigration Act, 1983, registered at Police Station Pehowa, District Kurukshetra. The prosecution case, as per the FIR as reproduced in para 1 of the petition, reads as under:- “ It is submitted that I, Rajesh Kumar s/o Sunder Singh, Criminal Misc. No.M-3121 of 2010 (O&M) 2 Caste Saini am a resident of Barwala in Distt. Hissar and doing the business of property dealer. Dalvir Singh s/o Rattan Singh, Caste Saini, r/o Kara Sahib, Pehowa had an office in name of Jeet Travels near the bus stand with whom I became an acquaintance as I used to meet him while returning back from Chandigarh etc. In the year 2007, while I was going to Chandigarh for my personal work I met the above named Dalbir Singh at his above office who told me that his friend who is working with him namely Vikram Verma @ Viky s/o Roshan Lal, Caste Sunar, r/o Nakodar is sending young boys abroad and has opened an office in Mohali. While they were sitting in office, Dalvir Singh introduced me to him and told me that he is getting work permit and visa for Australia by way of near and clean business. Vikram Verma told me that he can get me work permit for upto 8 years and send me to Australia. I trusted in his words and on 9.3.2007 on his assurance I along with my nephew Manoj Kumar s/o Ram Singh, Caste Saini, r/o Barwala handed over our two passports alongwith Rs. 2 lacs in presence of Sulekh s/o Sher Singh Saini, r/o Sansa in the office of Dalvir Singh at Pehowa. After some days Vikram Verma called me that work permit and visa of my nephew Manoj Kumar has been got issued. On 8.6.2007 he told me in the office of Criminal Misc. No.M-3121 of 2010 (O&M) 3 Dalvir Singh at Pehowa that I should pay Rs.7 lacs and take away the passport, work permit and visa for Australia of Manoj Kumar, and with respect to my work, the same shall be got done in few days. Same day, I and my nephew Manoj Kumar came to the office of Dalvir Singh at Pehowa. I also called Sulekh Kumar to the office at Pehowa. There Vikram Verma @ Viky, Mukesh Kumar and father of Vikram-Roshan Lal Verma were sitting to whom Dalvir Singh introduced me in his office. Then Vikram took out the copy of the visa and work permit of my nephew Manoj Kumar from his bag and handed over to me and told me to give the money so that the documents can be given in 2-3 days along with the ticket. Then in presence of Manoj Kumar I gave Rs. 7 lacs to Vikram Verma who further gave the same to his father Roshan Lal who put the money in a suit case and they went away. After waiting for some days I tried to contact Vikram Verma but when I could not contact Vikram Verma I got checked the permit and visa of Manoj Kumar which was found to be false. After this, I took 5-7 persons to the house of Vikram Verma for compromise in Nakodar but Vikram Verma was not there. His brother and parents were there at home and his father Roshan Lal assured that our passport and money shall be got back. Vikram Criminal Misc. No.M-3121 of 2010 (O&M) 4 told us to meet us at his house several time but all of a sudden refused to give back Rs. 9 lacs and the passport and told that if you come again to ask for the passport or money, I will kill you. Till now we had been trying to get the money and passport through panchayati compromise from Vikram Verma but now he has flatly refused. I had given money to Vikram Verma by taking some loan from my brother and some from my relatives. The copy of the visa and permit is attached. So legal proceedings be initiated.” Learned counsel for the petitioner has submitted that the petitioner is a heart patient and his wife is suffering from cancer. The petitioner is running a bakery shop and has disowned his son Vikram Verma. The petitioner has been falsely involved in this case due to his relationship with Vikram Verma. In the present case, specific allegations have been levelled against the petitioner in the FIR. As per the complainant, the petitioner was handed over Rs.7,00,000/- by Vikram Verma, which were given by the complainant to him and the petitioner had kept the same in a brief case and had left with Vikram Verma. Thereafter, the petitioner had assured the complainant that passport and money would be returned back but the petitioner and his co-accused failed to return the same to the complainant. Keeping in view the seriousness of offence alleged to Criminal Misc. No.M-3121 of 2010 (O&M) 5 have been committed by the petitioner, no ground for grant of anticipatory bail is made out. The petitioner might be required for custodial interrogation. Accordingly, this petition is dismissed. (SABINA) JUDGE February 03, 2010 anita