Crl.M.No.M-19333 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.M-19333 of 2009 (O&M) Date of Decision: 3.8.2009 Darshan Singh ....Petitioner. Vs. State of Punjab and another ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.T.S.Chauhan, Advocate for the petitioner. Mr.Ranbir Singh Rawat, AAG Punjab. Avtar Singh, complainant in person. RAKESH KUMAR JAIN, J.(Oral) The petitioner has applied for anticipatory bail in case registered vide FIR No.95 dated 14.6.2009 under Sections 406/420 IPC at Police Station Samrala, District Ludhiana. The allegations against the petitioner are that he had taken Rs.One lac from the complainant in order to send his son abroad but neither the money has been returned nor his son has been sent abroad, therefore, the complainant alleged that the petitioner has committed fraud in terms of the provisions of Section 420/406 IPC. Before coming to this Court, the petitioner has applied for bail before the Court below vide bail application No.364/3.7.2009 which was dismissed on 9.7.2009. Learned counsel for the petitioner has vehemently argued that a Crl.M.No.M-19333 of 2009 -2- compromise was effected between the parties (Annexure P-2 and P-3). He further submits that real culprit is Kulwinder Singh, who has not been arrested so far. Counsel for the State, however, submits that As per Annexure P-2 (compromise), it was decided by the respectables that they will talk to Kulwinder Singh. However, the complainant submits that after the said writing dated 21.12.2005 (Annexure P-2), Darshan Singh was called many times and ultimately, he appeared before DSP and submitted that he would return the amount but the amount has not been returned so far. I have heard learned counsel for the parties. The fact that recovery is yet to be effected from the petitioner and for that matter, his custodial interrogation is required, I do not find it to be a fit case for grant of anticipatory bail, therefore, the petition is hereby dismissed. (RAKESH KUMAR JAIN) 3.8.2009 JUDGE Meenu