Crl.Misc. No.M-17905 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No.M-17905 of 2011. Date of decision: September 14, 2011. Shama Lovely. .. Petitioner VERSUS State of Haryana. .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.H.S.Bhullar, Advocate, for the petitioner. Ms.Shalini Attri, DAG., Haryana. Mr.S.K.Jain, Advocate, for the complainant. * * * M.M.S.BEDI, J (ORAL) The petitioner seeks the concession of pre-arrest bail in a case registered at the instance of complainants alleging that they have been duped by Balkar Singh of Thomax Forex Company. The complainants and others were persuaded to invest with the company with the promise that the amount would be enhanced three times the amount invested and will be repaid. Counsel for the petitioner has contended that as a matter of fact, the petitioner is also victim of the said Company Thomax Forex. The petitioner had only introduced the complainants ...1 Crl.Misc. No.M-17905 of 2011 to the officials of Thomax Forex Company. Counsel for the complainant has intervened to oppose the application for pre-arrest bail by contending that it was only at the instance of the petitioner that the complainant had invested with Tohmax Forex. Counsel for the complainant has submitted that not only the complainant but a large number of persons were persuaded by the petitioner to invest with the said Company. I have heard the counsel for the petitioner, State counsel as well as the counsel for the complainant. It appears that advance cheques to the investors had been paid which were dishonoured subsequently. A similar cheque issued to the petitioner by Balkar Singh of Thomax Forex Company was also dishonoured regarding which she appears to have filed a complaint against Balkar Singh. Taking into consideration the merits of the case, it appears that investment had been done by the complainants with the Thomax Forex Company which could be said to be beneficiary of the fraud, if any. So far as the petitioner is concerned, there is no allegation against her that she has wrongfully gained anything against any wrongful loss caused to the complainants. She is a lady and has already joined investigation as per the instructions imparted by ASI Mankool Singh to the State counsel. The petition is allowed. It is ordered that in case of ...2 Crl.Misc. No.M-17905 of 2011 arrest of the petitioner, she will be released on bail to the satisfaction of the arresting officer subject to the condition that she will not tamper with the evidence or hamper the investigation, in any manner. This order will remain operative till presentation of challan. The petitioners would be required to furnish fresh bail bonds to the satisfaction of Court concerned in case the prosecution agency opts to present challan against her. Nothing said in this order will prejudice the civil rights of the parties and the final decision of the Court deciding the criminal case. (M.M.S.BEDI) JUDGE September 14, 2011. rka ...3