Criminal Misc. No. M-34945 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-34945 of 2010 Date of decision: 07.06.2011 Kewal Singh Chahal ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. APS Shergill, Advocate for the petitioner. Mr.Shailesh Gupta, DAG, Punjab. Rajan Gupta, J. This is a petition under section 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioner under sections 420/120B IPC and Section 4/5 of the Prize Chits and Money Circulations Schemes (Banning) Act, 1978 vide FIR No. 49 dated 22.10.2010 at police station Cantt, Bathinda. Learned counsel for the petitioner argued that petitioner has been arraigned in the case as he happens to be an acquaintance of Gurdeep Singh, prime accused. According to him, there is no specific allegation against the petitioner and no evidence to show that he is connected with the crime in any manner. He is, thus, entitled to concession of pre-arrest bail. Learned State counsel vehemently opposed the prayer. He referred to affidavit of Sukhchain Singh Gill, Senior Superintendent of Criminal Misc. No. M-34945 of 2010 2 Police, Bathinda and submitted that accused Gurdeep Singh actually worked in the company floated by Kewal Singh Chahal (petitioner herein). The company - Max Forex promised to innocent investors that in case they invest Rs 1.00 lac they would get return of Rs. 20,400/- every month. According to learned counsel, this was a false promise due to which complainant was duped. I have heard learned counsel for the parties. A complaint was lodged by Sarabjit Singh who alleged that he was contacted by Gurdeep Singh who was working with Kewal Singh Chahal (petitioner). Gurdeep Singh came to house of complainant and gave the investment plan of the company. He stated that in case Rs. 1.00 lac were invested by the complainant after a gap of one month thereof Rs. 20,400/- per month shall be paid in lieu of the money invested thereby multiplying the investment by 2½ times. Gurdeep Singh took Rs. 1.00 lac from the complainant on 07.07.2010. After two months i.e. 10.09.2010, he handed over Rs. 20,400/- to the complainant as first installment of the proposed plan. On 13.09.2010, the complainant gave another Rs 1.00 lac to Gurdeep Singh for investment in the company. However, thereafter no return was received on the amount invested by the complainant. A perusal of the affidavit filed by Senior Superintendent of Police, Bathinda shows that during investigation statement of Jaswant Singh, a retired teacher was also recorded by the investigating agency. He stated that Gurdeep Singh had contacted him also. He was taken to a private residence in Bathinda where Gurdeep Singh and Kewal Singh Chahal were working on their laptops. Kewal Singh Chahal opened the site of Max Forex company and Criminal Misc. No. M-34945 of 2010 3 revealed the entire investment plan to Jaswant Singh. The plan was in the similar terms as disclosed to complainant - Sarabjit Singh. The investigating agency also recorded statements of Gurjaib Singh and Harpal Singh and certain other persons who were contacted by Gurdeep Singh and the petitioner. According to said affidavit, Kewal Singh Chahal is the prime accused in the case and his custodial interrogation is necessary for taking the investigation to its logical end. In the facts and circumstances of the case, I am of the considered view that petitioner is not entitled to concession of pre-arrest bail. On the other hand, his custodial interrogation may be necessary for taking the investigation to its logical end. The petition is devoid of merit and is hereby dismissed. 07.06.2011 (RAJAN GUPTA) AJAY JUDGE