Crl. Misc. Nos. M-364 and M-1254 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-364 of 2011 Date of decision:- 28.02.2011 Balwinder Bhatia ....Petitioner Vs. State of Haryana ....Respondent And Crl. Misc. No. M-1254 of 2011 Rajnish Malik ....Petitioner Vs. State of Haryana ....Respondent. ****** Present:- Mr. P.S. Sullar, Advocate, for the petitioner (In CRM No. M-364 of 2011). Mr. S.K. Garg Narwana, Advocate, for the petitioner (In CRM No. M-1254 of 2011). Mr. Harmeet Singh Deol, Addl. AG, Haryana. S.S.SARON, J. (ORAL) Heard counsel for the parties. This order will dispose of Criminal Misc. No. M-364 of 2011 filed by Balwinder Bhatia and Criminal Misc. No. M-1254 of 2011 filed by Rajnish Malik, the respective petitioners, seek regular bail in a case registered against them on 29.07.2010 for the offences under Sections 406, 420, 468, 471, 506, 120-B IPC, at Police Station Barara, District Ambala. Crl. Misc. Nos. M-364 and M-1254 of 2011 2 The FIR in the case has been registered on the complaint of Smt.Kailash Kaur, who has stated that one Harjinder Singh, who is her distant relative, had promised her and her daughter Harjit Kaur for sending Harjit Kaur to Canada after consulting his associates namely Manish Malik and Rajnish Malik (petitioner in Crl. Misc. No. M-1254 of 2011). The complainant was assured that her daughter Harjit Kaur would be sent abroad. They also informed the complainant that a sum of Rs.7,00,000/- would be the expenditure to be incurred for sending Harjit Kaur abroad. The complainant paid the said sum on 02.03.2009 to the accused. They took her passport at that time. Despite waiting for several months, when Harjit Kaur was not sent abroad, a suspicion arose in the mind of the complainant and she started making enquiries at her own level. Later, it transpired that the visa was fake. None of the three accused named by the complainant could give any satisfactory reply. Besides, despite several meetings of the Panchayat, in which the accused admitted of taking the amount from the complainant, they have not returned the sum of Rs.7,00,000/- to the complainant. According to the learned counsel for the petitioner Balwinder Bhatia, the petitioner is not named as accused in the FIR and the main allegation was against Harjinder Singh, Manish Malik and Rajnish Malik (Petitioner in Crl. Misc. No.M-1254 of 2011). Balwinder Bhatia, it is submitted, is in custody since 08.09.2010 and nothing is to be recovered from him. He has been implicated on the disclosure statement of Harjinder Singh. Learned counsel, appearing on behalf of the Rajnish Malik, (Petitioner in Crl. Misc. No. m-1254 of 2011) has submitted Crl. Misc. Nos. M-364 and M-1254 of 2011 3 that the petitioner has in fact, been cheated by Darshan Bhatia, who is a relative of Balwinder Bhatia. The petitioner Rajnish Malik and Harjinder Singh had lodged a criminal complaint at Delhi against said Darshan Bhatia. In any case, it is submitted that the petitioner, Rajnish Malik, was arrested on 03.09.2010 and since then, he is in custody and is not required for the purpose of investigation. In response, learned counsel for the State has submitted that Balwinder Bhatia (petitioner) has been named as an accused in the disclosure statement of Harjinder Singh. Besides, he is involved in a case registered at Police Station Barara, District Ambala and he alongwith Harjinder Singh and Manish Malik had received the sum of Rs.7,00,000/- from the complainant Kailash Kaur. After giving my thoughtful consideration to the matter, it may be noticed that the prosecution is to establish and prove its case by leading evidence. The challan in the case has been filed on 17.11.2010. Petitioner Balwinder Bhatia is in custody since 08.09.2010. Petitioner Rajnish Malik is in custody since 03.09.2010. The trial in the case is likely to take time. The case is triable by Magistrate of the First Class. Rajnish Malik, against whom another case FIR No.96 dated 20.09.2009 has been registered at Police Station Barara, has been granted bail in the said FIR by the learned Additional Sessions Judge, Ambala, on 31.01.2011. In the facts and circumstances, both the respective petitioners on their furnishing personal bonds and surety each to the satisfaction of the learned trial Court, shall be admitted to bail. Crl. Misc. Nos. M-364 and M-1254 of 2011 4 Criminal Misc. petitions are, accordingly, disposed of. (S.S.SARON) 28th of February, 2011 JUDGE ajp