Crl. Misc. No. M-27913 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH * * * * * Crl. Misc. No. M-27913 of 2009 Date of decision : October 22, 2009 * * * * * Babar Ali and another ............Petitioners Versus State of Punjab ...........Respondent * * * * * CORAM: HON'BLE MR. JUSTICE JORA SINGH * * * * * Present: Mr. M.K Bhandari, Advocate for the petitioner. Mr. P.S Sidhu, Additional Advocate General, Punjab. * * * * * JORA SINGH, J. Present petition under Section 438 Cr.P.C has been filed for grant of anticipatory bail to the petitioners in case FIR No.177 dated 23.8.2009 under Sections 420, 467, 468, 471 and 120-B IPC at Police Station City Malerkotla. As per allegations in the FIR, Devinder Singh son of the complainant was intending to visit Canada, Kewal Singh had introduced the petitioners to the complainant. After that, petitioners had introduced complainant to one Raj Malhotra of Delhi. An amount Crl. Misc. No. M-27913 of 2009 2 of Rs. 12,70,000/- and a passport was taken by the petitioners and Raj Malhotra from the complainant. A visa was handed over to the complainant by Raj Malhotra. Visa issued to the son of the complainant was found to be fake. Counsel for the petitioners argued that petitioners are not the travel agents. In fact the payment was made to Raj Malhotra. Petitioners have no concern with Raj Malhotra. Petitioners are ready to join the investigation and are not to abscond. Learned State counsel argued that petitioners are the travel agents and along with Raj Malhotra were sending innocent persons to different countries through illegal means. Devinder Singh was intending to visit Canada. An amount of Rs.12,70,000/- along with passport was given to the petitioners and Raj Malhotra of Delhi. Visa handed over to the complainant was found to be fake. According to the petitioners, Raj Malhotra is the main accused. Payment was made to Raj Malhotra and he had issued visa which was found to be fake after checking. Meaning thereby complainant party had made the payment. Petitioners are from Malerkotla whereas Raj Malhotra is from Delhi. Complainant is from Bathinda Distt. Police file shows that petitioners on behalf of Raj Malhotra contacted the complainant-party. Payment was made to the petitioners along with passport. Visa alleged to be issued by the High Commissioner, Embassy of Canada was found to be fake. Question is how the complainant had chosen the petitioners from Malerkotla and Raj Malhotra from Delhi, particularly, when before the present occurrence, complainant-party had no enmity with the Crl. Misc. No. M-27913 of 2009 3 petitioners and Raj Malhotra. Travel agents by collecting huge payments are sending innocent persons to different countries through illegal means. By collecting heavy amounts, travel agents are enjoying. Innocent persons are deported when found with fake documents. They are forced to approach different authorities for getting their money returned. Custodial interrogation of the petitioners is required to know as to with the connivance of which officials, the fake documents were prepared. Relief under Section 438 is discretionary and the discretion is to be exercised sparingly keeping in view the nature of offence and position of the victim vis-a- vis accused. When innocent persons are sent to different countries through illegal means then no receipt is issued by the travel agents. So keeping in view the nature of offence, when recovery is to be effected, petition without merit dismissed. October 22, 2009 ( JORA SINGH ) ritu JUDGE