Criminal Misc. No.M-6307 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-6307 of 2009 Date of decision: 27.4.2009 Rashpal Kaur and another ......Petitioners Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. A.S.Gill, Advocate, for the petitioners. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. Petitioners have filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 85 dated 20.7.2007, under Section 420 of the Indian Penal Code, registered at Police Station Goraya, District Jalandhar. The contents of the FIR as reproduced in para 2 of the petition reads as under:- “xx xxxx xxx xxx xx xxx xxx xxx Criminal Misc. No.M-6307 of 2009 2 Sir, it is requested that the above mentioned Sohan Lal Chauhan son of Dev Raj R/o Garhi Mahan Singh (2) Rashpal Kaur w/o Sohan Lal Chauhan, R/o Garhi Mahan Singh (3) Amarjit Singh S/o Sarwan Singh R/o Patti Nelowal Bilga (4) Rashpal Siangh A/9 Mehru Ram R/o Village Lambra, Tehsil Phillaur, District Jalandhar who do the job of Travel Agents had induced to send our husbands, sons and brothers to Foreign country (Greece) in year July, 2006 and they had agreed to take Rs.6,50,000/- from each person and had called groups of 3-4 persons for interview. (2) That the details of the persons sent to foreign country is as follows:- Name, Father's Name and Address (i) Kulwant Singh S/o Niranjan Singh R/o Garhi Mahan Singh, Tehsil Phillaur, Jalandhar (ii) Joginder Singh s/o of Bola Ram, R/o Dhura, Tehsil Phillaur, Jalandhar (iii) Gurmukh Singh s/o Surinder Singh, r/o Village Johal, Tehsil Phillaur, Jalandhar (iv) Soma s/o Shri Kanshi, r/o village Sargundi, Tehsil Phillaur, Jalandhar (v) Ravinder s/o Sohan Singh r/o Village Tahis, Tehsil Nakodar (vi) Amardeep Singh s/o Pirara Lal r/o village Mohandpur, District Nawanshahr (vii) Kulvinder s/o Mohan Lal r/o Talwan, Phillaur, District Jalandhar (viii) Roop Lal s/o Chaman Lal r/o Talwan Road, Phillaur, District Jalandhar. (ix) Balbir Singh s/o Criminal Misc. No.M-6307 of 2009 3 Joginder Singh r/o village Bijia, Tehsil Phillaur, District Jalandhar (x) Amandeep Singh s/o Sada Ram r/o Chak, Tehsil Phillaur (3) That these agents by inducing us to send us abroad have taken Rs.3 lacs to Rs.6 lacs from us and the remaining amount had to be taken by them on these persons reaching Greece, but the persons sent by us abroad have so far not reached Greece and these persons are giving vague excuses. Whenever we try to get in contact with these agents, they never gave us any good reasoning and many times these persons have treated us badly and these agents are not telling us about our relations who have been sent abroad and because of this we are greatly troubled for last 9-10 months. We have also told the Local Police about this, but no justice has been given to us. We have also asked these agents to bring back to India the persons sent abroad, but these persons keep ignoring us. Later on these above mentioned agents have also taken Rs.6,500/- from us by cheating. Kindly legal action be taken against the above mentioned agents and they be arrested, because they have cheated us and our persons sent abroad be recovered and justice be given to us.” The allegations against the petitioners are that the petitioners in connivance with their co-accused had taken money Criminal Misc. No.M-6307 of 2009 4 from the complainant and others for sending their relatives to Greece. However, neither the relatives of the complainant and others were sent abroad nor the money taken by the petitioners and their co-accused were returned to them. Learned counsel for the petitioners has submitted that the petitioners were found innocent in an inquiry conducted by the Deputy Superintendent of Police, Sub Division, Phillaur. Petitioner No.1 had been falsely involved in this case being wife of co-accused Sohan Lal Chauhan. She had no connection with the alleged offence in question. Learned State counsel has submitted that the report submitted by Deputy Superintendent of Police, Sub Division, Phillaur had not been accepted by the Senior Superintendent of Police. Although the petitioners had joined investigation in terms of order of this Court dated 5.3.2009, yet no recovery has been effected so far. Keeping in view the seriousness of offence alleged to have been committed by the petitioners, no ground for grant of anticipatory bail is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE April 27, 2009 anita