In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 23010 of 2010 (O&M) Date of decision: 11.8.2010 Gurjeet Kaur ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.B.S.Pannu, 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. 471 dated 29.7.2009 under Sections 420, 406, 467, 468, 471, 506, 120-B of the Indian Penal Code, registered at Police Station City Sirsa. The contents of the FIR (Annexure P-1) read as under:- “Complaint against Nirmal Singh s/o Sh.Jarnail Singh 2. Gurjit Kaur w/o Sh.Nirmal Singh 3. Smt.Mado (mother of Nirmal Singh) w/o Jarnail Singh, r/o village Dware Ana, Tehsil Kotkapura, District Faridkot (Pb.) for registration of case against the accused under Sections 420, 406, 467, 468, 471, 120-B, 506 IPC- Police station City Sirsa. Sir, the complainant prays as under:- 1. That I, Inderjit Singh, Criminal Misc. No.M- 23010 of 2010 (O&M) -2- am permanent resident of Hissar Road, Near Bansal Palace, Sirsa, District Sirsa and am a peace loving and law abiding citizen. 2. That Satnam Singh disciple of Mahender Singh, resident of Preet Nagar, Moga is my brother-in-law (Saandhu), who is residing in Punjab. My brother in law Satnam Singh introduced accused No.1, 2 and 3 namely Nirmal Singh, Gurjit Kaur and Smt. Mado to me. The accused No.1, 2 and 3 provoked me at the instance of sending me to New Zealand by getting issued me a Visa for Serving and allured me. 3. That my brother in law Satnam Singh brought all three of them to my house on 21.6.2008 and the accused persons again allured me and after provoking me, on that day, all the said three accused obtained my original passport and Rs.50,000/- in cash from me and told me that they will send me to New Zealand against a payment of Rs.Four lacs and bring me a job over there. At the time of paying the said amount to the accused, my brother in law Satnam Singh was present at the spot. 4. That thereafter on 16.8.2008, accused No.1, 2 i.e. Nirmal Singh and Gurjit Kaur came to me and gave false assurance to me that the proceeding regarding my job is underway and that they will send me to New Zealand in near future and get me settled there. This way they again Criminal Misc. No.M- 23010 of 2010 (O&M) -3- allured me and obtained a sum of Rs.60,000/- from me. When I paid the same amount to accused No.1 and 2, one Jasbir Singh r/o Band Gate, who is my neighbourer, was also present with me, in whose presence I make cash payment to them. 5. That on 19.9.2008, all the accused No.1 to 3 i.e. Nirmal Singh, Gurjit Kaur, Smt.Mado and their relatives Lakhwinder Singh and Simran Bhatia came to my house and Simran introduced himself as (text missing) of Aries Enterprises and told that my visa will be granted very soon. He asked to complete the formalities. They collected all the documents, which are required for the purpose. They obtained entire information about me and my family. Lakhwinder and Simran also obtained my bank statements and both of them also obtained my signatures on visa form. Except this, all these accused obtained my signatures on blank and printed papers. At that time, Hari Singh was present there and he witness the entire proceedings. 6. That on that day again, the accused obtained Rs. 40,000/- in cash from me in the presence of above said Hari Singh and asked me to come on 22.9.2008 or 23.9.2008 at the given address in Jalandhar and we will send you to New Zealand on the said dates. Thereafter, I continuously remained in connection with the above noted accused Criminal Misc. No.M- 23010 of 2010 (O&M) -4- and at that time also, they kept on giving me false assurances. 7. That thereafter, on 26.9.2008 I went to Jalandhar on the address told by those people, where Lakhwinder and Simran obtained my signatures on some other papers and stamp papers and received a further amount of Rs.13,000/- from me. Thereafter, I received a phone call from accused No.1 and 2 to the effect that your work has been done. Hence, you may get ready, as your visa is about to be sanctioned, you should pay another amount of Rs.47,000/- and then we will send you to New Zealand. On which I replied that you had promised to send me against a payment of Rs. Four lacs and I have already paid you Rs.1,63,000/- in cash and my purpose is yet to be solved. On this, accused No.2 said that your work is almost done, hence, you may bring Rs.47,000/-. On this I expressed my inability to come time and again. On this, accused No.1 gave me his account No.06481000022441 in HDFC Bank, in which I credited a sum of Rs.47,000/- on21.10.2008 to the account of accused through its Sirsa Branch, with great difficulty by way of borrowing the same on credit basis. Thus, having allured by the accused, I have paid a sum of Rs.2,10,000/- to them. After crediting the said amount on 21.10.2008, the accused have neither got sanctioned visa Criminal Misc. No.M- 23010 of 2010 (O&M) -5- for sending me to New Zealand, nor have returned my original passport. After sending pretty long time, when I got suspicious about conduct of the accused, I asked the accused to return my amount of Rs.2,10,000/- and original passport, to which first they kept on putting off the matter on one pretext or the other, but later on, on presenting little hard, they openly declared that they motive was just to grab amount from me, which they have grabbed, now neither they will return my money, nor my passport and nor will send me to New Zealand. 9. that thus, all the accused in league and connivance with each other have, by hatching a conspiracy, by forming a gang, knowingly and willfully, have committed heinous crime and have grabbed the above noted amount in order to cause wrongful benefit to them and have committed fraud with me. Whereas, the accused were having ill will from the very beginning and they knowing fully well that they cannot send me to New Zealand. Even then they have grabbed the said amount from me in illegal and fraudulent manner and now on convening repeating panchayat, they have refused to repay the same. Even the accused, in connivance with each other, use to hurl abuses to me and open declare that you may do, whatever you can against us. They are also threatening me that whenever then Criminal Misc. No.M- 23010 of 2010 (O&M) -6- found any appropriate opportunity, they will kill me. They openly claim that in case I demanded my money from them, they will get me eliminated. They further claim that they are in connection with a number of such kind of persons, who are involved in doing so. 10. That thus, all the accused have committed heinous crime u/s 406, 420, 467, 468, 471, 506, 120-B IPC. 11. That all the crimes have been committed by the account within the limits of Sirsa, which falls within the jurisdiction of police station City Sirsa. In this connection, I had submitted a complaint to the Assistant Commissioner of Police, on which, the police officials told me that the case will be registered only after your having brought the court order for the purpose. Hence, this complaint is being filed today in this Hon'ble Court without any delay. 12. That I am residing within the limits of police station City, Sirsa, hence this Hon'ble Court has got jurisdiction to entertain the present complaint. 13. That prescribed court fee has been affixed on the complaint. 14. It is therefore, humbly prayed that stern legal action may be taken against the accused as per law, so that they may be awarded rigid punishment. The complainant will submit all kind of evidence in the Court.” After hearing learned counsel for the petitioner, I am of Criminal Misc. No.M- 23010 of 2010 (O&M) -7- the opinion that the present petition deserves to be dismissed. Keeping in view the seriousness of allegations levelled against 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 August 11, 2010 anita