CRM-M-26175 of 2011 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-26175 of 2011 (O&M) Date of Decision:26.09.2011 Balwinder Singh . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Navkiran Singh, Advocate, for the petitioner. Mr.K.D. Sachdeva, Addl. A.G. Punjab. ***** RAKESH KUMAR JAIN, J (ORAL) This is a petition for bail pending trial in a case registered vide FIR No.113 dated 13.7.2011 under Sections 406, 420/34 of the Indian Penal Code, 1860 (for short ‘IPC’) at Police Station Sadar Ludhiana. Learned counsel for the petitioner, inter alia, contends that the allegation against him is that he had approached the complainant in the month of February 2011 and told him that he can send his brother to America against a sum of `15 lacs in all. At the first instance, it is alleged that the complainant had given him passport and `50,000/- and rest of the amount was agreed to be paid after the Visa is granted. It is further alleged that on 9.3.2011 the petitioner had contacted the complainant and demanded the balance amount. The complainant allegedly believed him and took the amount of `12 lacs and started towards Ratia, Haryana on 11.3.2011 along with the petitioner for taking visa but when they were heading towards Ratia and were on Bhikhi Ratia Road a white coloured Accent car bearing registration No.PB-10- 2022 signaled them to stop. After sometime a white coloured Tata CRM-M-26175 of 2011 (O&M) - 2 - Sumo in which 4-5 unidentified persons carrying weapons came there and the present petitioner (Balwinder Singh) had also joined them. All the persons after showing their weapons and giving threats to kill ran away with the money. Learned counsel for the petitioner has submitted that the FIR has been registered under Sections 406 & 420 IPC whereas the allegations in the FIR suggest a case of robbery much less dacoity if all the 4-5 persons are also to be counted but no such case has been registered by the Police against the petitioner. Insofar as the criminal breach of trust is concerned, the complainant has allegedly paid a sum of `50,000/- to the petitioner and `12 lacs have been robbed by 4-5 persons, who were occupants of Tata Sumo. Learned counsel for the petitioner has submitted that the FIR has been registered on 13.7.2011 after about 4 months of the alleged occurrence. It is submitted that had such an occurrence took place involving a huge amount of `12 lacs the complainant would not have sit idle and would have definitely taken some action by filing some kind of complaint to police authorities but it has not been filed as conceded by learned counsel for the State. Learned counsel for the petitioner has further submitted that only two accused have been made in this case despite the allegation that there were 4-5 other persons, who had robbed them by showing weapons. Keeping in view the facts and circumstances of the case but without making any observations on the merits of the case, present petition is allowed. Petitioner is directed to be released on bail on his furnishing two heavy sureties/bail bonds to the satisfaction of the trial Court. (RAKESH KUMAR JAIN) SEPTEMBER 26, 2011 JUDGE Vivek