Crl. Misc No. M 28625 of 2011 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M 28625 of 2011 Date of decision : November 08, 2011 Ashok Kumar, ...... Petitioner v. State of Punjab, ...... Respondent *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Kewal Singh, Advocate for the petitioner. Mr. Sumit Abrol, AAG Punjab *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) The petitioner seeks grant of anticipatory bail in case FIR No.74, dated 18.8.2011, registered under Sections 406, 420, 120-B of the IPC, at Police Station Amloh, District Fatehgarh Sahib. On 29.9.2011, the following order was passed :- “ This petition has been filed under Section 438 Cr.P.C for grant of anticipatory bail to the petitioner in case FIR No.74 dated 18.8.2011, registered under Sections 406, 420, 120-B IPC at Police Station Amloh, District Fatehgarh Sahib. The broad brush allegations are that brother of the complainant was married to the sister of the petitioner who was a Canadian citizen. Both were married with the understanding that she would help him to go to Canada. It is further alleged that money was taken for this purpose but the brother of the complainant was not taken to Canada. Learned counsel for the petitioner has denied the allegation to contract of marriage and has argued that sister of the petitioner duly moved the necessary papers for the immigration of the brother of the complainant. Crl. Misc No. M 28625 of 2011 ::2:: He has further argued that there was no fault of hers in not issuing of the VISA to the brother of the complainant. He has further stated that if the petitioner is given some protection he would satisfy the investigating officer about this fact. Learned Assistant Advocate General on instructions from ASI Ved Parkash is not able to counter this argument. In this view of the matter, I deem it appropriate to grant conditional protection to the petitioner. Petitioner is directed to appear before the Investigating Officer on 10.10.2011 between 10 A.M to 04 P.M to satisfy the investigating officer about his bona fide efforts to take brother of the complainant to the Canada. Adjourned to 8.11.2011 to await the report of the investigating officer. Meanwhile, arrest of the petitioner shall remain stayed.” Counsel for the respondent, on the instructions of ASI Ved Parkash, has accepted that the petitioner appeared before the Investigating Officer and as a result of the interaction, the Investigating Officer has accepted that efforts were made by the petitioner since his sister came back to India twice. He further states that it cannot prima facie be denied at this stage that the petitioner did not make any effort to send the complainant abroad. In this view of the matter, I deem it appropriate to grant the concession of anticipatory bail to the petitioner. Consequently, in the event of his arrest the petitioner shall be released on bail by the Investigating Officer to his satisfaction subject to the conditions as laid down in Section 438(2) of the Cr.P.C. Petition stands disposed of. ( AJAY TEWARI ) November 08, 2011. JUDGE `kk' Crl. Misc No. M 28625 of 2011 ::3::