IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-19457 of 2009 Date of decision : September 08, 2009 Jagvir Singh alias Ravi ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. IPS Kohli, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Jagvir Singh alias Ravi has filed this petition for bail in case FIR No. 94 dated 22.7.2005 under section 420 IPC, Police Station Goraya, District Jalandhar. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, the petitioner and his co- accused Gujral alias Vickey alias Iqbal Singh and Surinder Kaur received Rs 5,20,000/- from the complainant for sending him to Canada but the petitioner took the complainant to Thailand and came back leaving behind the complainant there. The complainant came back to India with great hardship. He made complaint to the police on 10.2.2005. The petitioner and his co-accused undertook to return the amount of Rs 5,20,000/- to the Criminal Misc. No. M-19457 of 2009 -2- complainant within 15 days but it was not done. Thereafter, the instant FIR was lodged. Petitioner's co-accused Iqbal Singh has since died whereas Surinder Kaur was found innocent. Learned counsel for the petitioner contended that Surinder Kaur has been found innocent and therefore, the entire case of the complainant is falsified. The contention cannot be accepted. The principle of falsus in uno falsus in omnibus is not applicable in India. Moreover, Surinder Kaur had allegedly not signed the writing which was signed by the petitioner whereby the amount of Rs 5,20,000/- was promised to be repaid to the complainant. In addition to the aforesaid, the petitioner was declared proclaimed offender and he remained absent from the process of law for more than three years. He has since been arrested on 3.2.2009 only. Keeping in view the aforesaid but without commenting anything on merits, in my considered opinion, the petitioner does not deserve the concession of bail. Dismissed. ( L.N. Mittal ) September 08, 2009 Judge 'dalbir'