Crl. Misc. No. M-18442 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Date of Decision: November 25, 2011 1. Crl. Misc. No. M-18442 of 2011(O&M) Rubina …..Petitioner Vs. State of Punjab …..Respondent 2. Crl. Misc. No. M-18789 of 2011(O&M) Jagat Singh …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Hemant Saini, Advocate for the petitioners in both cases. Mr. P.S. Bajwa, DAG, Punjab. Mr.Palwinder Singh, Advocate for the complainant. Crl. Misc. No. M-18442 of 2011 [2] -.- M.M.S. BEDI, J. This order will dispose of two petitions for pre-arrest bail bearing Crl. Misc. Nos. M-18442 and M-18789 of 2011. The petitioners through instant petitions under Section 438 Cr.P.C. seeks the concession of pre-arrest bail in a case registered at the instance of Manjit Kaur, alleging that Rubina had called complainant and Manjit Singh and told them that she would send them to Fiji for studies and asked them to prepare a marriage certificate. She herself prepared a marriage certificate and tried to earn money by sending the complainant and Manjit Singh abroad. It was complained that Reader Sukhdev Singh had got recorded the statements of the complainant and Manjit Singh as per his own whims and SI Jaswinder Singh of Division No.7 had informed her that some report received against the complainant. So far as petitioner Jagat Singh is concerned, he is Director of J.R. Immigration Consultants Pvt. Ltd.. The allegation against the petitioners is that they had sent the complainant and Manjit Singh to Fiji but they were deported as they did not have any valid marriage certificate. Counsel for the petitioners Mr.Saini has submitted that the complainant had entered into an contract of engagement with J.R. Immigration Consultants Pvt. Ltd. which is an approved immigration Consultants from Government of India. Referring to the terms and conditions of the contract, it was the duty and responsibility of the client for the consequences for submissions of various information or documents. Manjit Singh had submitted an undertaking on stamp paper stating that the Crl. Misc. No. M-18442 of 2011 [3] documents submitted by him and his wife were directly issued by the authorities and that they would be responsible, if any of the document was found to be false or forged. Copy of the undertaking has also been placed on record. It was argued that the deportation of the complainant and Manjit Singh from Fiji9 was not on account of the fault of the petitioners as the marriage certificate was provided by none else but by the complainant and her husband. Copy of the certificate has been produced on the record by the petitioners. The job of the petitioners was over after the petitioners had got the approval of complainant and Manjit Singh for their admission in the institution. The petitioners claim that they had taken a total sum of Rs.45000/- from Manjit Kaur, complainant and Manjit Singh had purchased their own ticket and had gone to Fiji. After they were denied entry in Fiji, they started harassing and humiliating the petitioners by demanding back a sum of Rs.45000/-. They also claimed damages to the extent of Rs.4.70 lacs. I have heard counsel for the petitioners and counsel for the complainant and gone through the police record. A perusal of the police record indicates that Manjit Kaur herself has been working for a travel agency. She had visited various countries like Singapore, Thailand and Malaysia a number of times as depicted from the copy of her passport. Counsel for the petitioners submits that the complainant had been accompanying various touring groups abroad. She does not appear to be so innocent that she had been duped and sent to Fiji on the basis of forged marriage certificate. Crl. Misc. No. M-18442 of 2011 [4] It is apparently debatable if the certificate had been prepared by the petitioners or it was brought by the complainant herself. The contract of engagement indicates that retainer fee of Rs.20000/- and professional fee of Rs.25000/- was paid for getting Visa approval. The affidavits of Manjit Singh in the shape of undertaking and the marriage certificate which was used for seeking student Visa for Fiji have already been taken in possession by the investigating agency. It does not appear to be a case of custodial interrogation. Cheating alleged against the petitioners will have to be established during the trial. Petitions are allowed and it is ordered that in case of arrest of the petitioners they will be released on bail to the satisfaction of the arresting officer subject to the conditions that they will join investigation as and when required by the police and that they will not tamper with the evidence or hamper the investigation in any manner. November 25, 2011 (M.M.S.BEDI) sanjay JUDGE