In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 2548 of 2009 Date of Decision:February 16, 2009 Jarnail Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.G.S.Gill,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG, Punjab *** SABINA, J. Jarnail Singh -petitioner has filed this petition under Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') for grant of anticipatory bail in FIR No. 2 dated 5.1.2009 under Sections 420/406 of the Indian Penal Code and Section 24 of Immigration Act, 1983 registered at Police Station Bhaloth, District Kapurthala. The allegation against the petitioner is that he had induced complainant to pay a sum of Rs. 4 ½ lakhs in all for sending his son abroad. Neither the son of the petitioner was sent abroad nor the money was returned to the complainant. Learned counsel for the petitioner has argued that the incident relates to the year 2004 whereas FIR was lodged on 5.1.2009. Petitioner has been found innocent in two enquiries conducted by the police. Now, the Crl. Misc. No. M- 2548 of 2009 -2- petitioner has been falsely implicated in this case due to political pressure. Learned State counsel, on the other hand, has opposed the petition and has submitted that complainant had sold land on 4.7.2004 and had thereafter made payment to the petitioner for sending his son abroad. As per the case of the complainant, he had sold his land by way of registered sale deed on 5.7.2004 and thereafter has made payment of the amount, in question, to the petitioner for sending his son abroad. The effect of enquiries conducted by the investigating agency before the registration of the FIR or at the time registration of the FIR, in question, and the delay in reporting the matter would more appropriately be gone into and considered during trial. The offence alleged to have been committed by the petitioner is serious in nature and custodial interrogation of the petitioner may be necessary. Without expressing any opinion on the merits of this case, this petition is dismissed. (SABINA) JUDGE February 16, 2009 PARAMJIT