In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-7849 of 2009 ..... Date of decision:20.3.2009 Pawan Kumar .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Amardeep Singh Gill, Advocate for the petitioner. ..... S.S. Saron, J. This petition under Section 438 Cr.P.C. has been filed for the grant of pre-arrest bail in a case registered against the petitioner for the offences under Sections 420, 465, 468, 471 and 120-B Indian Penal Code. The FIR has been registered on the basis of letter dated 4.2.2009 from the Chief Judicial Magistrate, Jalandhar to the Station House Officer, Police Station Division No.4, Jalandhar. It has been submitted for lodging case against the petitioner, who is resident of House No.213, Street No.10, Near Handa Dairy, Avtar Nagar, Division No.6, Jalandhar. It is alleged that the petitioner has been furnishing false sureties and cheating the people and an inquiry had been conducted and reports had been sought from the Courts at Jalandhar. It was found that the petitioner had furnished sureties in various cases which are detailed in the FIR and the accused in the said cases had absconded and were declared proclaimed offenders. The whereabouts of the petitioner could not be ascertained at the address given by him. On verifying it was revealed that he was not residing at the given Cr. Misc. No.M-7849/2009 [2] address. A report had also been sought from the SSP, Jalandhar for verifying the antecedents of the petitioner A report was received from the DSP (City-II), Jalandhar according to which the petitioner could not be traced out nor he was residing at the given address. The Tehsildar, Jalandhar also submitted a report whereby he found that the petitioner has been shown as owner of 4½ Marlas in Khasra No.1505. The said land was attached in favour of the government on two occasions vide Report No.1825 dated 17.5.2006 and Report No.1366 dated 18.3.2008. After verifying from the respectables and the neighbours of the locality it was found that the petitioner was not found residing at the given address and in the said house one Raj Kumar son of Chaman Lal was residing. Accordingly, the Chief Judicial Magistrate, Jalandhar directed for registration of FIR as the petitioner had been furnishing false sureties and was cheating the public. Learned counsel for the petitioner has submitted that the petitioner has not furnished any false surety and neither he has forged any document. The petitioner had given surety on genuine property documents which had been accepted by the Courts. It is submitted that the petitioner had shifted from the address given in the surety documents. However, due to frequent threats given by Bharat Bhushan, who is brother of the petitioner and is working as a Constable in the Punjab Police, the petitioner shifted his residence to Village Lamba Pind, Tahliwala Chowk, Jalandhar. A copy of the Telephone Bill (Annexure-P.2) has been submitted to show the shifting of his residence. It is submitted that the petitioner was not aware of the summons sent by the Courts. After giving my thoughtful consideration to the matter, it may Cr. Misc. No.M-7849/2009 [3] be noticed that the petitioner is admittedly not residing at the address which he has given on the surety documents presented in the Courts. The telephone Bill (Annexure-P.2) of the Connect Company which records the name of the petitioner, it is recorded as House Dairy Lamba Pind Road. Therefore, it is not clear that the petitioner has his residence there or he is running his Dairy there, as admittedly in the address that was initially given by him it is mentioned as near Handa Dairy. The petitioner stood surety for three persons and two out of them have been declared as proclaimed offenders. In the facts and circumstances, the custodial interrogation of the petitioner would be required for verifying the facts and also for arresting the proclaimed offenders who have been absconding. In the circumstances, no ground for pre-arrest bail is made out. The criminal miscellaneous petition is dismissed. March 20, 2009. (S.S. Saron) Judge *hsp*