IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-3948 of 2011 DATE OF DECISION: February 28, 2011 Jarnail Singh …..Petitioner versus State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.J.B.S. Gill, Advocate for the petitioner .. RAJAN GUPTA, J.: (Oral) This is a petition under section 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioner under sections 406/429 IPC vide FIR No.130 dated 7.8.2009 at police station Mahilpur, District Hoshiarpur. Learned counsel for the petitioner has argued that petitioner has been falsely implicated in the case. There is nothing on record to show that the petitioner had anything to do with the travel agent business. He is, thus, entitled to concession of pre-arrest bail. The complaint was lodged by Sukhwinder Singh alleging that one Milkhi Ram told him that Karnail Singh, agent used to send persons abroad through Jarnail Singh (petitioner herein). The complainant alongwith certain persons including said Milkhi Ram met the petitioner at his residence for sending Gagandeep Raju and Amarjeet Singh to England. Petitioner demanded Rs.10 lakh each for sending Crl.Misc.No.M-3948 of 2011 - 2 - both of them abroad. Finally, the matter settled at Rs.9 lakh each. The complainant and Milkhi Ram paid to petitioner Rs.30,000/- per person in the presence of his companions. Subsequently, a sum of Rs.1 lakh per person was paid to petitioner on 31.12.2007 at his residence in the presence of one Karnail Singh and Narinder Kumar. Both of them thereafter paid Rs.10,000/- each to the petitioner for medical examination at Delhi. Afterwards, Karnail Singh informed that he had received a phone call from the petitioner that papers had been prepared and they were asked to deposit Rs.50,000/- in the account of Jarnail Singh in ICICI Bank in account no.630101022347 and on 25.2.2008 an amount of Rs.49,990/- was also deposited in that account in the Hoshiarpur branch of ICICI Bank. After some time, Karnail Singh told that matter for sending abroad could not be finalized. It was further alleged that at the time of preparation of passport on 25.10.2008, Milkhi Ram was given both the passports and a cheque of the ICICI Bank amounting to Rs.3,30,000/- which, on presentation, was returned unpaid. Pursuant to complaint, an investigation ensued. It appears that due to apprehension of arrest the petitioner left his house and was thereafter declared a proclaimed offender. He moved an application for pre-arrest bail on 3.11.2010 before the Additional District Judge, Hoshiarpur, who disposed of the same by directing the petitioner to surrender before the trial court within 15 days and to apply for regular bail which would be decided Crl.Misc.No.M-3948 of 2011 - 3 - expeditiously. However, instead of surrendering before the trial court, the petitioner has moved the instant petition before the this court. In view of the nature of allegations levelled in the FIR and the fact that the petitioner has evaded process of law for a fairly long time, I am of the considered view that petitioner is not entitled to pre-arrest bail. The petition is, thus, devoid of merit and is hereby dismissed. February 28, 2011 ( RAJAN GUPTA ) pc JUDGE