CRM-M-29601-2011 [ 1 ] ::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29601-2011 Date of decision:23.11.2011 Baldev Singh and another ...Petitioners Versus State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. R.S.Rana, Advocate, for the petitioners. Mr. K.D.Sachdeva, Addl. A.G., Punjab. Mr. M.K.Singla, Advocate, for the complainant. ***** RAKESH KUMAR JAIN, J. This is a petition for grant of regular bail in a pending trial case registered vide FIR No.200 dated 31.08.2011, under Sections 420 and 406 IPC, at Police Station Sadar, Dhuri. In nutshell, the prosecution story is that the petitioners had taken `15 lacs from three complainants, namely, Kulwinder Singh (`6 lacs), Amrik Singh (`6 lacs) and Ninderpal Singh (`3 lacs) for sending them abroad, but neither they have been sent abroad nor the money has been returned. Learned counsel for the petitioners has submitted that in the FIR, there is no allegation against them, rather the complainants have made an allegation against their father Shiv Ram that he collected the aforesaid amount on 02.10.2009 in the presence of Amrik Singh son of Darshan Singh and CRM-M-29601-2011 [ 2 ] ::::::: Shingara Singh son of Gurbax Singh and were given four dates, i.e. 27.11.2010, 28.01.2011, 09.02.2011 and 10.04.2011 for the purpose of sending them abroad. He further submitted that their father Shiv Ram is already missing since 29.04.2011 as his Maruti car was recovered by the police in a damaged condition from the canal. He further submitted that the other brother of the petitioner, namely, Kulwinder Singh had even filed CRWP-1705-2011 in the nature of habeas corpus by impleading the complainants that they had illegally detained their father, but the said criminal writ petition became infructuous because their father could not be found in the house of the complainants and they had no other places to search. It is also submitted that the petitioners are in custody although challan has been presented. On the contrary, learned State Counsel assisted by learned counsel for the complainant has vehemently opposed the bail on the ground that the learned counsel for the petitioner had not filed the complete copy of the FIR as the inquiry by the police has been left out. By a separate application bearing CRM-61311-2011, the FIR alongwith police inquiry was filed, which is taken on record vide order dated 16.11.2011. It was also argued that when the CRWP-1705-2011 was filed, the brother of the petitioners had himself told the Warrant Officer that they do not want the search of any other premises when Shiv Ram could not be found at the house of the complainants. I have heard learned counsel for the parties and perused the available record from which I have found that basically Kulwinder Singh complainant is associated with the Nirankari Mission and Shiv Ram, who had retired as Lineman from the Electricity Board, was the Head of the Dera Nirankari Mission, Bhadson. Since Shiv Ram had earlier sent younger brother of Kulwinder Singh to Doha (Qatar) in July, 2007 for a sum of `90,000/-, therefore, they had faith in Shiv Ram. It is also mentioned in the inquiry that Shiv Ram, in order to gain the confidence of the complainants, had told them that his son Gurmukh Singh had gone to Abu-Dhabi and after his return, he will go to Canada. The needle of suspicions is more towards Shiv Ram then the petitioners in this case, whereas the whereabouts of Shiv Ram are not known CRM-M-29601-2011 [ 3 ] ::::::: after 29.04.2011. Moreover, the challan has already been presented. Keeping in view the aforesaid facts and circumstances of the case, but without making any observation on the merits of the case, the present petition is allowed and the petitioners are ordered to be released on bail on their furnishing bail bonds to the satisfaction of the learned Trial Court. November 23, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE