Criminal Misc. No.M-10086 of 2011 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-10086 of 2011 Date of Decision : 27.04.2011. Lokesh Kumar ..... Petitioner Versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr.Mansur Ali, Advocate, for the petitioner. Mr. K.S.Sidhu, D.A.G Punjab. Mr. Sanjay Gupta, Advocate, for respondent No.2-complainant. NAWAB SINGH J.(ORAL) This is an application under Section 439 of Code of Criminal Procedure filed by Lokesh Kumar in case registered against him and his father Kamal Kumar vide First Information Report (for short "FIR") No.121 dated October 14th, 2010 under Sections 406 and 420 of Indian Penal Code, Police Station - Bullowal, District Hoshiarpur on the allegation that they had taken an amount of Rs.8.00 lacs from Surinder Singh – complainant, in order to send his son - Ranjit Singh abroad. 2. Learned counsel for the petitioner has contended that in fact, an amount of Rs.8.00 lacs was taken from Surinder Singh as a loan and to secure the same, an agreement dated January 14th, 2008 (Annexure P/1) was entered into between Kamal Kumar and Surinder Singh. Some how or the other, the amount could not be paid to Surinder Singh. It has been further contended that the petitioner is ready to pay the amount of Rs.8.00 lacs along with interest at the rate of 6 per cent per annum by way of demand draft, Criminal Misc. No.M-10086 of 2011 2 .. within four months from today and the petitioner is custody since March 11th, 2011. So, the petitioner be allowed bail. 3. Learned counsel for the complainant – respondent No. 2 has contended that he is only concerned with the amount in question and has no objection, if the petitioner is released on bail subject to his making payment to the complainant. 4. Since the petitioner has given an undertaking before this Court that amount shall be paid to the petitioner within four months along with interest at the rate of 6 per cent per annum from the date of taking loan, that is, January 14th, 2008, by way of demand draft and taking into consideration the period of his detention that is since March 11th, 2010, this Court is of the opinion that it would be in the interest of justice to release the petitioner on bail. 5. Resultantly, the petition is accepted and petitioner - Lokesh Kumar is admitted to bail on his furnishing bail/surety bonds to the satisfaction of Chief Judicial Magistrate/Magistrate on duty, Hoshiarpur. (NAWAB SINGH) JUDGE April 27th, 2011. som