CRM No.1976 M of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.1976 M of 2009 Date of decision: 23.1.2009 Raj Kumar ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR.JUSTICE HARBANS LAL Present: Mr.KS Dhaliwal, Advocate for the petitioner Mr.AK Jindal, AAG, Haryana *** Harbans Lal, J. This petition has been moved by Raj Kumar under Section 438 of Cr.P.C. seeking anticipatory bail in case FIR No.521 dated 4.10.2008 registered under Section 306 of IPC at Police Station City Karnal. The brief facts of the prosecution case are that Gurbir Singh alias Gurveer Singh alias Sunny son of Mangal Singh and Sandeep Kumar used to study together and as a result thereof Sandeep Kumar was introduced with Mangal Singh. Gurveer Singh and his father Mangal singh told Sandeep Kumar that Mangal Singh used to send the persons abroad and he had sent several persons and they were earning lot of money and were fully settled. By believing the version of Mangal Singh, the brother of the complainant of case bearing FIR No.417 dated 2.9.2008 asked Mangal Singh to send his brother abroad. In the Month of October, 2006, Mangal Singh, his wife Vimal Kaur, Gurbir Singh alias Sunny and Balwinder Singh CRM No.1976 M of 2009 2 went to the house of the complainant of the aforesaid case in Esteem car. Jagdish Singh son of Kala Singh and Chander Mohan son of Gian Chand were already present there and Mangal Singh received a sum of Rs.5,83,000/- in cash in the presence of all persons for sending the brother of the complainant of the aforesaid FIR to Italy. Mangal Singh also took the passport. Thereafter, Mangal Singh forged Visa on the passport of the complainant and on verification, it was found to be bogus. Thereafter, money was demanded back from Mangal Singh, but no heed was paid on that basis, the complaint was filed which resulted into registration of the FIR against Mangal Singh, his wife Vimal Kaur, Gurbir Singh alias Sunny and Balwinder Singh. During the course of the investigation of the aforesaid FIR Sh.Mangal Singh committed suicide and on the basis of suicide note, his son Sukhvinder Singh got registered the present FIR. In the said suicide note dated 4.10.2008 deceased Mangal Singh specifically named Pardeep Kumar, Sandeep son of Raj Kumar. The present petitioner Raj Kumar resident of New Prem Colony, Karnal, Chander resident of New Prem Colony, Karnal, Kimti Lal, Kashmiri Lal, residents of Jind, Vipin Kumar Sharma, Hunny Sharma residents of D-111, Defence Colony, New Delhi. I have heard the learned counsel for the parties. Learned counsel for the petitioner strenuously urged that no role has been attributed to the petitioner and that being so, he may be admitted to anticipatory bail. As against this, the learned State counsel maintained that the petitioner has been named with specificity in the suicide note itself and he is required for interrogation. CRM No.1976 M of 2009 3 I have well considered the rival submissions. The petitioner is named in the suicide note. The custodial interrogation, being comparatively more elicitation oriented, is required in this case. That being so, no case is made out to admit anticipatory bail to the petitioner. As such, this petition is dismissed. January 23, 2009 (Harbans Lal) gsv Judge