Crl. Misc. No.34009-M of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.34009-M of 2009 Decided on : 02-12-2009 Harpal Singh & another .... Petitioners VERSUS State of Punjab .... Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER. Present:- Mr. A.K. Khunger, Advocate, for the petitioners. MAHESH GROVER, J (Oral). This is a petition under Section 438 of the Code of Criminal Procedure for release of the petitioner on bail in terms thereof, in the case registered vide F.I.R. No.815 dated 10.11.2009, Police Station Kotwali, Bathinda under Sections 420 IPC and under Section 4/5 Lottery Ordinance Act, 1998 and under Section 13-A of the Punjab Gambling Act, 1867. The facts of the case reveals that secret information was received by the respondent that the petitioners are indulging in illegal activities of gambling. It was alleged that they have installed a computer in the shop and encouraged the people to play Darra Satta. They were issuing small slips, asking people to invest Rupee one on a particular number so as to get the prize of Rs.70/-. The aforesaid F.I.R. was registered against them. Learned counsel for the petitioners states that they are Crl. Misc. No.34009-M of 2008 -2- licensed agents of lotteries and are engaged in selling lottery tickets belonging to the Punjab State and the allegations against them are not established. It is further contended by the learned counsel for the petitioners with reference to the impugned order dated 28.11.2009 that the reasoning given therein, was on the basis of the case pertaining to one Gurjant Singh, whose application was also fixed for the same date. But due to the inadvertence, the facts of that case are found mentioned in the instant case, so as to prejudice the mind of the Court, which has resulted in the dismissal of the bail application. He has contended that the allegations regarding not feeding of number in the computer are pertaining to the case of Gurjant Singh and not to the case of the petitioners. I have heard learned counsel for the petitioners. Even if the second contention of the learned counsel for the petitioners is accepted that the allegation regarding not feeding of number in the computer pertaining to the case of Gurjant Singh and not to the case of the petitioners, I am of the opinion that even the petitioners being licensed agents for selling lotteries have no business to indulge in illegal activities of gambling, which is a social evil resulting deprivation of hard earned money of the people. The extent of the gravity and the dearth thereof, has yet to be ascertained. I am of the considered opinion that because of the reason that it is detrimental to the society at large, the petitioners do not deserve the concession of bail. Dismissed. 2nd December, 2009. (MAHESH GROVER) Monika JUDGE