IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-11272 of 2009 Date of decision : July 27, 2009 Chetan Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. L.S. Sidhu, Advocate and Mr. Gaurav Bhayia, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab with Mr. MS Gill, Advocate, for the complainant L.N. Mittal, J. (Oral) Chetan Singh has filed this petition for bail in case FIR No. 222 dated 14.11.2007, under sections 420, 406, 465, 467, 468 IPC, Police Station Dharamkot, District Moga. According to the prosecution version, the complainant settled with petitioner's co-accused Shamsher Singh alias Shera and Gurnishan Singh to pay them Rs 16 lacs for sending complainant Gurmeet Singh to Canada. Ultimately, the petitioner came in the picture. He accompanied the complainant to Thailand. Then the complainant was taken to Togo (Africa) by Chetan Singh petitioner on the pretext that the complainant would be sent from there to Canada. A sum of Rs 7 lacs is said to have been deposited in the account of the petitioner and two other co-accused. Criminal Misc. No. M-11272 of 2009 -2- I have heard learned counsel for the parties and perused the case file. The complainant has already received a sum of Rs 2,30,000/- from the petitioner which comes to be his share in the amount of Rs 7 lacs. The petitioner is in custody since 10.1.2009 i.e. for more than six months. The case is triable by Magistrate. Learned counsel for the complainant emphasized that petitioner's wife had entered into an agreement for paying Rs 4.5 lacs more which amount has not yet been paid. It is contended that the entire amount of Rs 7 lacs was transferred in the name of the petitioner alone. However, prima facie at this stage, the evidence is that the amount of Rs 7 lacs was transferred in the name of three persons i.e. petitioner and his two co-accused. Keeping in view all the circumstances but without meaning to express any opinion on the merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Moga. ( L.N. Mittal ) July 27, 2009 Judge 'dalbir'