Crl. Misc. No. M-20216 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-20216 of 2009 Date of decision : 22.09.2009 Victor Masih ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Munish Behl, Advocate for the petitioner. Mr. Shailesh Gupta, DAG Punjab. RAJAN GUPTA J. (ORAL) This is a petition for pre-arrest bail in a case registered against the petitioner under Section 420 IPC at Police Station Sadar, Batala vide FIR No. 26 dated 14.03.2009. Learned counsel for the petitioner submits that the petitioner deserves to be enlarged on bail in view of the compromise effected between the parties. According to the counsel, the present petition which is a second petition for pre-arrest bail is maintainable in view of the Full Bench judgment of Rajasthan high court reported as Ganesh Raj Vs. State of Rajasthan & Others (Jaipur Branch), 2005(3) RCR(Crl.) 30. Learned counsel for the State has, however, opposed the plea for pre-arrest bail of the petitioner. He submits that earlier petition moved by the petitioner was dismissed on 15.05.2009. According to the counsel, there is no change in the fact situation. Neither the investigating agency is Crl. Misc. No. M-20216 of 2009 2 aware of the compromise arrived at between the complainant and petitioner nor any amount, as alleged in the FIR, has been returned. I have heard counsel for the parties. The present petition is a second petition seeking pre-arrest bail. The allegation in the FIR is that a sum of Rs. 27 lacs were paid to the petitioner and co-accused for the purpose of sending certain persons abroad. In the facts and circumstances of the case, I feel that there is no change in the fact situation. Thus, judgment in Ganesh Raj case (supra) relied upon by the counsel for the petitioner is not applicable to the facts of the present case. The petition is thus, dismissed being devoid of merit. 22.09.2009 (RAJAN GUPTA) Ajay JUDGE