In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-5786 of 2010 ..... Date of decision:31.3.2010 Rajinder Kumar alias Baljinder alias Babbu …..Petitioner v. State of Punjab …..Respondent ….. Present: Mr. Bhupinder Ghai, Advocate for the petitioner. Mr. Shilesh Gupta, Senior Deputy Advocate General, Punjab for the respondent-State. ...... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks regular bail in a case registered against him on 21.2.2008 for the offence under Section 420 IPC. The FIR in the case has been registered on the complaint of Lakhwinder Singh. It is alleged by the complainant that Baldev Singh, Rajinder Kumar alias Baljinder, Harpreet Kaur and Ramesh Kumar had cheated his family for an amount of Rs.1,50,000/- for sending the complainant and his brother abroad. The complainant has further alleged that the petitioner has not returned the amount nor sent them abroad. The application for bail filed by the petitioner was dismissed vide order dated 29.1.2010 (Annexure-P.4) passed by the learned Sub Divisional Judicial Magistrate, Samrala. In terms of order dated 15.2.2010 (Annexure-P.5) passed by the learned Additional Sessions Judge, Ludhiana, the bail Cr. Misc. No.M-5786 of 2010 [2] application filed by the petitioner has been declined. The petitioner was declared as proclaimed offender by the learned trial Court on 17.1.2009. The petitioner is in jail since 13.1.2010. The case is triable by the Judicial Magistrate Ist Class and the trial in the case is likely to take time as the prosecution has to examine 14 witnesses. The investigation in the case is complete. The petitioner is not required for the purposes of investigation. The prosecution has to establish its case by leading evidence. Though the petitioner was declared as proclaimed offender vide order dated 17.1.2009, however, his presence during trial can be ensured by asking him to deposit his passport. In the facts and circumstances, the petitioner on his furnishing personal bond and two sureties to the satisfaction of learned Sub Divisional Judicial Magistrate, Samrala shall be admitted to bail. The petitioner, however, shall surrender his passport and shall not leave the country without prior permission of the Court. The criminal miscellaneous petition stands disposed of. March 31, 2010. (S.S. Saron) Judge *hsp* Cr. Misc. No.M-5786 of 2010 [3]