IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-1792 of 2011 (O&M) Date of decision:-04.04.2011 Gurdial Singh .....Petitioner Versus The State of Punjab .....Respondent Present: Mr. J.B.S. Gill, Advocate for the petitioner. Mr. VPS Sidhu, Addl.A.G. Punjab. S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in case FIR No.205 registered against him on 29.07.2006 for the offences under Section 406 and 420 IPC at Police Station Division No.4/Navi Baradari, Jalandhar. The FIR in the case has been registered on the basis of an application submitted by Santokh Singh, Niranjan Singh and Surinder Singh for registration of a case against Gurdial Singh (petitioner), his wife Ranjit Kaur and Balkar Singh. It is alleged by the said complainants that the petitioner Gurdial Singh and his wife Ranjit Kaur and also Balkar Singh had committed cheating of ` 3,69,000/- with them by making an inducement to send them abroad. It is alleged that Santokh Singh son of Bachan Singh, Sukhjinder Singh son of Niranjan Singh residents of village Phul Kaduwal, District Jalandhar and Surinder Singh son of Bakhshish Singh resident of Sehdev Market Jalandhar for sending Sukhjinder singh son of Niranjan Singh, Sukhwinder Singh son of Baldev and Surinder Singh son of Bakshish Singh to England had contacted Gurdial Singh (petitioner). The petitioner sent his wife CRM No.M-1792 of 2011 (O&M) [2] Ranjit Kaur and his son Neelu along with Balkar Singh, who is their partner, for collecting the money from Sehdev Market, Jalandhar. The complainants gave ` 3,60,000/- on 24.10.2004 to Ranjit Kaur wife of the petitioner and to Balkar Singh. Balkar Singh on behalf of his agent had stated that if their sons and Surinder Singh do not go abroad, then they could withdraw the money from his account in the bank. As security, he gave two cheques of ` 80,000/- to the complainant on 30.12.2004. After receiving the money, Balkar Singh took the sons of the complainant and Surinder Singh to Delhi. After staying for sometime there and after medical, he sent them back and stated that he will send them shortly after getting their visa. However, the sons of the complainant and Surinder Singh had not been sent abroad and the money taken from them, had not been returned. The cheques which were given as security, on presentation were dishonoured. It transpired that there was no money in the account of the accused. Due to the non-payment of the money, the complainant was facing lot of difficulties. Whenever the complainants went for refund money, threats were held out. The petitioner was initially declared a Proclaimed Offender and he was arrested on 10.10.2010, since then he is in custody. The trial in the case is likely to take time. The prosecution is to examine 11 witnesses and till date none has been examined. The entrustment of the amount is not to the petitioner but to his wife Ranjit Kaur and their partner Balkar Singh. The cheques have been issued by Balkar Singh co-accused of the petitioner. The petitioner did not issue any cheque. The petitioner is in judicial custody and his further incarceration is not warranted. The trial in the case is likely to take time. In the facts and circumstances, it would be just and expedient to release the petitioner on bail. CRM No.M-1792 of 2011 (O&M) [3] Accordingly, the criminal miscellaneous petition is allowed and the petitioner, on his furnishing personal bond and two heavy sureties to the satisfaction of the learned trial Court shall be admitted to bail. April 04, 2011 (S.S.SARON) Jyoti 1 JUDGE