In the High Court of Punjab and Haryana at Chandigarh ...... (1) Criminal Misc. Nos.4134 and 4136 of 2010 and Criminal Misc. No.M-34139 of 2009 ..... Date of decision:28.1.2010 Kishan Pal .....Petitioner v. State of Punjab .....Respondent .... (2) Criminal Misc. No.4187 of 2010 and Criminal Misc. No.M-36522 of 2009 ..... Sanjiv Kumar alias Bittu and another .....Petitioners v. State of Punjab .....Respondent .... Present: Mr. R.P. Dhir, Advocate for the petitioners. Mr. Shilesh Gupta, Deputy Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Cr. Misc. Nos.4136/2010: The application has been filed to place on record better translated version of the FIR (Annexure-P.1). The criminal miscellaneous application is allowed and the FIR attached with the criminal miscellaneous application is taken on record and substituted for the one originally filed. Cr. Misc. No.M-34139 of 2009 [2] Cr. Misc. Nos.4134/2010 in Cr. Misc. No.M-34139 of 2009: The application has been filed for adding Section 10 of the Immigration Act, 1983 in the head note of the petition. For the reasons stated in the criminal miscellaneous application, the application is allowed and the offence under Section 10 of the Immigration Act is allowed to be added in the head note of the petition in addition to the offences under Sections 406 and 420 IPC. The consideration of bail shall also be for the offence under Section 10 of the Immigration Act. Cr. M. No.4187/2010 in Cr. Misc. No.M-36522 of 2009: The application has been filed for adding Section 10 of the Immigration Act, 1983 in the head note of the petition. For the reasons stated in the criminal miscellaneous application, the application is allowed and the offence under Section 10 of the Immigration Act is allowed to be added in the head note of the petition in addition to the offences under Sections 406 and 420 IPC. The consideration of bail shall also be for the offence under Section 10 of the Immigration Act. Cr. Misc. No.M-34139/2009 & Cr. Misc. No.M-36522/2009: This order will dispose of Criminal Misc. No.M-34139 of 2009 filed Kishan Pal son of Lekh Raj and Criminal Misc. No.M-36522 of 2009 filed Sanjiv Kumar alias Bittu son of Lekh Raj and Ravinder Kumar alias Sonu. Heard learned counsel for the parties The petitioners in their respective petitions seek regular bail in Cr. Misc. No.M-34139 of 2009 [3] a case registered against them for the offences under Sections 406 and 420 Indian Penal Code as also under Section 10 of the Immigration Act, 1983. The FIR in the case has been registered on a complaint dated 7.12.2007 made by Tilak Raj. It is alleged by the complainant that he had sent his son Rajesh Singh abroad at the instance of Ravinder Kumar alias Sonu (petitioner No.2 in Criminal Misc. No.M-36522 of 2009). The said Ravinder Kumar alias Sonu had come to the house of the complainant and asked him to send his son abroad as there was good work there. He had stated that his two brothers Kishan Pal (petitioner in Criminal Misc. No.M- 34139 of 2009) and Sanjiv Kumar (petitioner No.1 in Criminal Misc. No.M- 36522 of 2009) were abroad. Their sister's son Raja was also there. They had got appointed several boys and he would also get employment for the son of the complainant on a salary of Rs.50,000/-. They would be charging Rs.3 Lacs out of which Rs.1.5 Lacs would be taken in advance and the remaining would be taken from the salary. The complainant paid Rs.1.5 Lacs to Ravinder Kumar alias Sonu by withdrawing it from his bank and he took his son Rajesh from his house on 12.5.2007. Several boys also accompanied him. After 20 days of his departure the complainant received a telephone call from Kishan Pal (petitioner in Criminal Misc. No.M-34139 of 2009) from Bangkok that they had now sent Rajesh Singh to England but the complainant told Kishan Pal (petitioner) to send his son to Bangkok because he had no money. Then Kishan Pal (petitioner in Criminal Misc. No.M-34139 of 2009) told the complainant that they would not take any more money and he would take him to England in the amount of Rs.1.5 Lacs and he would charge money from his son. The complainant discussed Cr. Misc. No.M-34139 of 2009 [4] the issue in his house but Kamla Devi wife of Lekh Raj and mother of Kishan Pal (petitioner in Criminal Misc. No.M-34139 of 2009) and Ravinder Kumar alias Sonu (petitioner No.2 in Criminal Misc. No.M-36522 of 2009) told him that they would not charge the money from him but charge it from his son. They made the complainant believe that the others were sending persons to England by charging Rs.20 Lacs but they were sending the complainant's son for Rs.1.5 Lacs only. They had charged Rs.7 Lacs to Rs.8 Lacs from other persons. The complainant then received a telephone that the boys had been arrested by the Police and he should send Rs.50,000/- immediately. The complainant sent Rs.10,000/-. Then the complainant had received a telephone from Kishan Pal (petitioner in Criminal Misc. No.M-34139 of 2009) that the expenditure had increased and he should send more money. Then the complainant told him to send Rajesh Singh to Hong Kong otherwise to send him back. The complainant went to their house where Kamla Devi and Ravinder Kumar alias Sonu (petitioner No.2 in Criminal Misc. No.M-36522 of 2009) told him not to worry and it would take 10 days for making arrangement for the money. They said that Rs. 7 Lacs loan could be arranged against 1 killa (acre) of land. In this manner, they were demanding more and more money. Ravinder Kumar alias Sonu (petitioner No.2 in Criminal Misc. No.M-36522 of 2009) arranged a loan of Rs.4.5 Lacs from the State Bank of India, Dasuya against 24 kanals of land. He did the entire work of arranging the loan and he himself was a witness for this and he knew everything. The complainant made payments in the manner as mentioned in the FIR. When they received the money they did not give any telephone call to the Cr. Misc. No.M-34139 of 2009 [5] complainant. The complainant went to their house and Kamla Devi abused him. They threatened on telephone that they had not killed their son. On 6.11.2007, Kishan Pal (petitioner in Criminal Misc. No.M-34139 of 2009) and Sanjiv Kumar (petitioner No.1 in Criminal Misc. No.M-36522 of 2009) came to India. On 18.11.2007, they sent Rs.20,000/- and on 24.11.2007, their son Rajesh Singh came back to India. This happened with them. Rs. 7,22,000/- had been spent by them and the boy had returned to India. It was requested that their money be got returned so that they may return the bank loan. After giving my thoughtful consideration to the matter, it may be noticed that Kishan Pal (petitioner in Criminal Misc. No.M-34139 of 2009) is in custody since 26.2.2009. Sanjiv Kumar alias Bittu and Ravinder Kumar alias Sonu (petitioners in Criminal Misc. No.M-36522 of 2009) are in custody since 20.6.2009 and 27.6.2009 respectively. The challan in the case has been filed on 13.10.2009 and thereafter charges were framed on 23.11.2009. No prosecution witnesses have been examined till date. Earlier all the petitioners were declared proclaimed offenders. However, the trial in the case is likely to take time. The prosecution is to establish its case by leading evidence. The case is triable by the Magistrate of the first Class. Keeping in view the facts and circumstances of the case and the time the petitioners have been in custody as also the fact that the trial would take time, the petitioners are entitled to the concession of bail. Accordingly, the criminal miscellaneous petitions are allowed and the petitioners on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the learned trial Magistrate shall be admitted to bail. The petitioners shall not leave the country without the Cr. Misc. No.M-34139 of 2009 [6] permission of the trial Court and shall also surrender their respective passports before the trial Court. January 28, 2010. (S.S. Saron) Judge *hsp*