In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-35079 of 2010 ..... Date of decision:22.2.2011 Baljeet Singh alias Billa .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Ritesh Pandey, Advocate for the petitioner. Mr. V.P.S. Sidhu, Assistant 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 24.5.2010 for the offences under Sections 364-A and 34 IPC; besides, Section 25 of the Arms Act. The FIR in the case has been registered on the statement of Parminder Gupta who is married with Kulwant Kaur daughter of Karam Singh. The complainant-Parminder Gupta had sold his house about ten days earlier to the registration of FIR which was registered on 24.5.2010. The house was sold for `12 Lacs. The brother-in-law of the complainant, namely, Baljeet Singh alias Billa (petitioner), who is the brother of Kulwant Kaur-wife of the complainant came to the house of the complainant and asked his sister Kulwant Kaur for money for constructing a house. The wife Cr. Misc. No.M-35079 of 2010 [2] of the complainant, however, did not give the money. On 24.5.2010, the complainant was coming to Batala from Kathunangal by car and when he reached at the Adda Ghasitpur then Baljeet Singh (petitioner) on the way signalled the car to stop. The complainant stopped the car and got down and then all of a sudden two unknown persons came on the car. One of them had a pistol and made the complainant to forcibly sit in the car. On the refusal of the complainant, all the three pushed him in the back seat of the car. Baljeet Singh (petitioner) started driving the car while leaving his motorcycle at the spot. All the three persons took the car to the link road of the village. Baljeet Singh (petitioner) held out a threat to kill the complainant and asked him to get `5 Lacs from his house and hand over the same to him. The complainant while fearing for his life asked his wife Kulwant Kaur on mobile phone to send `5 Lacs through his other brother- in-law Paramjit Singh alias Pamma. The complainant talked to Paramjit Singh on the asking of the accused to come at Verka near Fatehgarh Suker Chak. At about 5.00 p.m., brother-in-law of the complainant, namely, Paramjit Singh came at the fixed place after getting the money from the wife of the complainant. The three accused took `5 Lacs from the brother-in- law, namely, Paramjit Singh out of which Baljeet Singh (petitioner) gave `50,000/- to the unknown persons accompanying him and remaining `4,50,000/- was kept by him i.e. Baljeet Singh petitioner. Baljeet Singh (petitioner) while leaving threatened the complainant that if he disclosed this occurrence to any one then he would be killed. The complainant could recognize the unknown persons if brought before him. Baljeet Singh (petitioner), brother-in-law of the complainant along with two un-known Cr. Misc. No.M-35079 of 2010 [3] persons had kidnapped the complainant; besides, had threatened him and had taken a ransom of `5 Lacs. The complainant along with his wife and landlord Gagandeep Kumar were going to the Police Station for giving the information that the Police met them on the way. The petitioner is in custody since 29.5.2010. His custody is not required for the purposes of investigation. The prosecution on the last date of hearing i.e. 15.2.2011 had taken time so that Parminder Gupta (complainant) could be examined in the case before the trial Court on 17.2.2011. It is now informed that Parminder Gupta-complainant did not appear before the trial Court for getting his evidence recorded and bailable warrants of his arrest have been issued to secure his presence on the adjourned date. The case is now fixed for trial before the learned trial Court on 11.3.2011. The trial in the case is likely to take time. The prosecution is to establish and prove its case by leading evidence. The recovery in the case has already been effected. Besides, the complainant himself despite being given time to appear before the trial Court on 17.2.2011 has not appeared and bailable warrants for his arrest have been issued. In the circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate, Gurdaspur shall be admitted to bail. The criminal miscellaneous petition stands disposed of. February 22, 2011. (S.S. Saron) Judge *hsp*