CRM-M- No. 23737 of 2011 (O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M-No.23737 of 2011 (O&M) Date of decision: 13.10.2011 Paramjit Kaur .... Petitioner Versus State of Punjab ....Respondent CRM-M-No.22808 of 2011 (O&M) Parminder Singh .....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI Present:- Ms. Jatinder Jit Kaur, Advocate, for the petitioners. Mr. Jasdev Singh Brar, AAG, Punjab. ---- M.M.S. Bedi, J.(Oral) This order shall dispose of two applications, one CRM-M-No.23737 of 2011 filed by Paramjit Kaur and another CRM- M-No.22808 of 2011 filed by Parminder Singh in a case registered at the instance of Area Manager, LIC Housing Finance Ltd. alleging that petitioners had filed an application for obtaining loan of Rs.11 Lacs against the sale deed, income tax return and other documents. The documents produced for obtaining loan were found to be fictitious, as the sale deed produced was a forged scanned sale deed against which the petitioner had obtained loan from other financial institution. Counsel for the petitioner has contended that the petitioner Parminder Singh had been booked in case FIR No.109 CRM-M- No. 23737 of 2011 (O&M) -2- dated 29.07.2010 at Police Station Habowal, Ludhiana which was registered on the basis of the secret information that petitioner Parminder Singh had formed a gang along with Rajinder Singh, Karan Kumar and Jasbir Singh which is being operated in the area of Ludhiana. Jasbir Singh was expert in making fictitious sale deeds whereas, Rajinder Singh and Parminder Singh used to get loans from different banks of Ludhiana i.e. SBI, HDFC, OBC, Canara Bank and LIC. Counsel for the petitioners submits that after having been arrested in said case, petitioner Parminder Singh has been granted concession of regular bail after 09 months. Petitioner- Parminder Singh was released and granted concession of bail by High Court on 25.04.2011. After having been released on bail in pursuance to the order dated 25.04.2011, the petitioner has been booked in the present case and it is claimed that both the FIRs arise out of the similar allegations which could constitute the part of the same FIR. Heard learned counsel for the petitioner and gone through the record. The earlier FIR was a general FIR mainly concentrating on the allegations of a fraud played by the petitioner and another in obtaining loan from banks on the basis of fake sale deeds. The present FIR relates to the specific allegations levelled by the complainant LIC Housing Finance Corporation regarding the cheating of the petitioner Parminder Singh with financial institution on the basis of fake documents. No doubt, the subject matter of the second FIR could have constituted part of the earlier FIR No.109 CRM-M- No. 23737 of 2011 (O&M) -3- dated 29.07.2010 but the material in the second FIR pursuant to fraud with LIC Housing Finance Ltd. does not appear to be the subject matter of the charges framed against the petitioner in earlier FIR. The circumstances do not warrant the grant of pre- arrest bail to petitioner-Parminder Singh. In the list of witnesses, no witness from the LIC Housing Finance Ltd. seems to have been added to establish the specific offence committed by the petitioner Parminder Singh with the complainant in the earlier case. The circumstances may constitute good ground for grant of regular bail but no ground is made out to grant pre-arrest bail to Parminder Singh. This petition is dismissed without prejudice to the right of petitioner to seek regular bail by surrendering before the Illaqa Magistrate, and applying before the Court concerned. So far as Paramjit Kaur is concerned she is a lady and is mother of main accused. On account of her it will be debatable during trial whether she, conniving with her son committed the fraud with the financial institution. She can be granted the concession of pre-arrest bail. She will be released on bail to the satisfaction of the arresting officer subject to the condition that she will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation in any manner. (M.M.S. BEDI) JUDGE 13.10.2011 sonika