CRM No.M-24871 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:-21.9.2010 Lakhwinder Kaur alias Lakhbir Kaur & Major Singh ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.Veneet Sharma, Advocate for the petitioners. Mr.Shilesh Gupta, D.A.G, Punjab. Mr.Hemant Saini, Advocate for the complainant. M ehinder S ingh S ullar , J . (Oral) As per the definite stand of the learned State counsel that since Lakhwinder Kaur alias Lakhbir Kaur-petitioner No.1 is not arrayed as an accused in this case, so, the present petition qua her deserves to be and is hereby dismissed in this context. 2. Having exercised his right of anticipatory bail and lost in the Court of Session, petitioner No.2 Major Singh, has directed the present petition for anticipatory bail in a case registered against him and his other co-accused namely, Kuldip Singh and Kuljit Kaur etc. vide FIR No.46 dated 18.6.2010, on accusation of having committed the offence punishable under sections 420 and 506 IPC by the police of Police Station Cantonment, Amritsar, invoking the provisions of section 438 Cr.PC. 3. Concisely, the prosecution case is that Kuldip Singh and his wife Kuljit Kaur promised the complainant Jasbir Singh to send his son abroad if he arranged to make the payment of amount of Rs.4 lacs to them. According to the CRM No.M-24871 of 2010 2 prosecution, the complainant gave the amount to petitioner on behalf of and in the presence of his co-accused Kuldip Singh and Kuljit Kaur. On the basis of aforesaid allegations and in the wake of complaint of the complainant, the present case was registered against the accused in the manner indicated here-in-above. 4. Notice of the petition was issued to the State. 5. Having heard the learned counsel for the parties, having gone through the record with their valuable assistance and after bestowal of thoughts over the entire matter, to me, the present petition is liable to be accepted in this respect. 6. As is evident from the record that the perusal of the concluding portion of the FIR reveals that the allegations against petitioner Major Singh and his wife Lakhwinder Kaur have not been proved. They were found innocent during the course of investigation. It was reiterated that the main accused Kuldip Singh and Kuljit Kaur have committed the fraud and have taken Rs.8 lacs on the pretext of sending Jaskaran Singh and Harpal Singh to Scotland. Meaning thereby, the present petitioner was found innocent and main allegations of receipt of money and cheating are against the main accused Kuldip Singh and his wife Kuljit Kaur, who are not petitioners before me. 7. So, taking into consideration the totality of the facts and circumstances, emanating from the record, as described here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the present petitioner is entitled to anticipatory bail in the obtaining circumstances of the case. 8. Consequently, it is directed that in the event of his arrest, the petitioner shall be released on anticipatory bail on his furnishing bail and surety bonds in the sum of Rs.10,000/- to the satisfaction of Arresting Officer, subject to the conditions that (i) he shall make himself available for interrogation by the Investigating Agency as and when required; (ii) he shall not directly or indirectly CRM No.M-24871 of 2010 3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and (iii) he will not leave India without prior permission of the trial Court. 9. Needless to state that in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move an application for cancellation of his bail, in this relevant connection. 21.9.2010 (Mehinder Singh Sullar) AS Judge