IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-25098 of 2008 Date of Decision: December 17, 2008 Gurdev Singh .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Gulzar Mohammad, Advocate, for the petitioner. Mr. H.S. Brar, Deputy Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No.232 dated 8.8.2008 lodged for offences under Section(s) 406, 420 IPC with Police Station, Sadar, Jalandhar. Contention of learned counsel for the petitioner is that the petitioner is a property dealer and is not involved in the business of sending people abroad. The complainant is inimical towards the petitioner being distant relative and therefore, has falsely implicated the petitioner. It has been contended that no particulars of the offence have been given in Crl. Misc. No. M-25098 of 2008 [2] relation to the giving of money to the petitioner i.e. to say that the place and time of handing over of the money etc., has not been given. Allegation is that the petitioner took Rs.50,000/- to send Tejinderpal Singh, husband of the complainant, abroad. Tejinderpal Singh is not related to the complainant. Learned counsel has also raised an issue that because it is the admitted case of the complainant that her husband was to be sent abroad by illegal means, it would be an agreement/ contract against public policy and therefore, not enforceable in law. Learned counsel for the petitioner has pointed out that the petitioner has joined investigation. Learned counsel for the respondent- State, on instructions from Surjit Singh, Head Constable, has stated that indeed the petitioner has joined investigation and is not required for further investigation at this stage. In view of the above statement of learned counsel for the respondent-State, the petition is allowed. Order dated 25.9.2008 is made absolute and it is directed that in the event of arrest, the petitioner shall be enlarged on bail on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer, subject to the Crl. Misc. No. M-25098 of 2008 [3] following conditions :- “(i) The petitioner shall make himself available for interrogation as and when required; (ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) The petitioner shall not leave India without the previous permission of the Court.” This order shall enure till 10 days after the petitioner receives a notice of filing of final report u/s 173, Cr.P.C. within which period, the petitioner would be at liberty to apply for regular bail. (AJAI LAMBA) December 17, 2008 JUDGE avin