Crl. Misc. No.26327 of 2009 and - 1 - CRM-M-14224 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Crl. Misc. No.26327 of 2009 and CRM-M-14224 of 2009 DATE OF DECISION: 02.09.2009 **** Jagpal Singh . . . . Petitioner VS. State of Punjab and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Amaninder Preet, Advocate for Mr.B.S. Jaspal, Advocate for the petitioner. Mr.K.D. Sachdeva, Addl. A.G. Punjab for the respondent/State. Mr.Sukhdev Singh, complainant Present in person. **** RAKESH KUMAR JAIN J.(ORAL) Crl. Misc. No.26327 of 2009 Allowed as prayed for. CRM-M-14224 of 2009 This is a petition under Section 438 Cr.P.C. seeking anticipatory bail in case FIR No.13 dated 2.2.2009 registered under Sections 406, 420 IPC at Police Station Sadar Kotkapura, District Faridkot. The aforesaid FIR has been registered on the complaint of Sukhdev Singh son of Mohinder Singh, in which he has stated that the petitioner alongwith his father Babu Ram came to his house and said that he will send his son Manjit Singh to Kuwait Crl. Misc. No.26327 of 2009 and - 2 - CRM-M-14224 of 2009 within 15 days. On this false assurance, the petitioner took Rs.70,000/- from him in the presence of Jagsir Singh and Parshotam Lal. The petitioner also took Rs.25,000/- on the pretext of getting a job to his son-in-law Gurmit Singh in Police. Before coming to this Court, the petitioner apprehending his arrest had applied for bail before the Court of Sh. A.K. Singla, Additional Sessions Judge, Faridkot, which was dismissed on 1.4.2009. On 22.5.2009, the petitioner was granted anticipatory bail by this Court. However, as per the State counsel, the petitioner did not join the investigation. On 12.8.2009, learned counsel for the petitioner made a statement before this Court that the entire amount has been paid, therefore, on his oral request, the complainant was impleaded as party (respondent No.2) and notice was also issued to him. Today, Sukhdev Singh son of Mohinder Singh (complainant) has put in appearance in person, who has been identified by the Investigating Officer ASI Ram Singh. The complainant has stated that nothing has been paid to him so far. Learned counsel for the State has also brought to notice the Court that some more cases are also registered against the petitioner, which are as under: i) FIR No.171 dated 27.8.2008 registered under Sections 406, 420 IPC at Police Station Sadar Kotkapura, District Faridkot. ii) FIR No.85 dated 3.3.2008 registered under Sections 406, 420 IPC at Police Station Sadar Kotkapura, District Faridkot. Crl. Misc. No.26327 of 2009 and - 3 - CRM-M-14224 of 2009 iii) FIR No.240 dated 26.9.2007 registered under Sections 8 and 9 of Prevention and Corruption Act and 406, 420 and 34 IPC at Police Station Sadar Kotkapura, District Faridkot. Keeping in view the antecedents of the petitioner and that a false statement has been made before this Court on 12.8.2009, I do not find it to be a fit case for the grant of anticipatory bail. Hence the present petition is hereby dismissed. (RAKESH KUMAR JAIN) SEPTEMBER 2, 2009 JUDGE vivek