Criminal Misc.-M No. 29569 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 29569 of 2011 (O&M) Date of decision: 16.11.2011 Tarshem Lal @ Sami .. Petitioner Vs. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. C. L. Pawar, Advocate for the petitioner. Mr. B. B. S. Teji, Senior Deputy Advocate General, Punjab. Mr. M. S. Gill, Advocate for the complainant. ... Rajesh Bindal J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner, who is an accused in FIR No. 127 dated 31.8.2011, registered under Section 306 IPC, Police Station, Phillaur, District Jalandhar. Learned counsel for the petitioner submitted that the petitioner is merely working as a conductor. The allegation in the FIR got registered by the son of the deceased is that the deceased had been cheated by the petitioner by taking ` 6-7 lacs for sending him abroad. Though the passport taken by him was returned, however, the money was not returned and the deceased was threatened. The deceased had disclosed the entire story to the complainant one day prior to his death. The submission is that the petitioner has been falsely implicated. He has never indulged in these activities and he is merely working as a conductor. He himself has never gone abroad and none of his relatives is living abroad. In fact, the deceased was a well-off person having sufficient means to maintain himself here and he was also owning 7-8 acres of land and running a shop of tent house. Criminal Misc.-M No. 29569 of 2011 [2] On the other hand, learned counsel for the State as well as the complainant submitted that a suicide note was recovered from the pocket of the deceased, in which he has specifically named the petitioner. The petitioner having cheated the deceased and threatened him, the deceased had no option but to commit suicide. However, learned counsel for the State has produced the police file showing statements of bank accounts of the deceased, wherein there were deposits of lacs of rupees in cash. In one account maintained with Punjab National Bank, there was a cash deposit of ` 13,57,768/- from 16.1.2010 till 6.6.2011. In the account maintained with Punjab & Sind Bank, from 4.10.2010 till 3.6.2011, there were deposits of ` 10,01,290/-. Copy of the passport available on record in the police file shows the date of birth of the deceased as 20.5.1953 and further that he had never gone abroad earlier. After hearing learned counsel for the parties and considering the submissions made above, especially the case set up by the petitioner that he is merely working as a conductor; none of his relatives is living abroad; he is not doing any business of sending the people abroad and considering the financial health of the deceased where lacs of rupees were deposited in his account in cash; he owned 7-8 acres of land and further he was having a tent house having sufficient income to maintain himself here, in my opinion, the petitioner deserves concession of pre-arrest bail. He is directed to appear before the Investigating Officer on 26.11.2011 at 10.00 AM for joining investigation. In case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. (Rajesh Bindal) Judge 16.11.2011 mk Criminal Misc.-M No. 29569 of 2011 [3]