CRM No.M-10772 of 2011.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM No.M-10772 of 2011 Date of Decision: 11.05.2011 **** Jagdish Singh Toor . . . . Petitioner VS. State of Punjab . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers 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? **** Present: Mr. Amit Jhanji, Advocate for the petitioner Mr. MC Berry, Addl. AG Punjab **** SURYA KANT J. (ORAL) (1). The petitioner seeks his enlargement on regular bail in case FIR No.12 dated 14.01.2005 registered under Sections 420 IPC at PS Kot Ise Khan, District Moga. (2). As per the allegations contained in the FIR, the petitioner way back in the year 2002 promised the complainant to get his son migrated to Canada on payment of Rs.17 lacs out of which Rs.9 lacs were given in advance. The complainant’s son, however, was neither taken to Canada nor the amount refunded. (3). It may be mentioned here that on registration of the above-stated FIR, the petitioner disappeared and was CRM No.M-10772 of 2011.doc - 2 – declared a Proclaimed Offender. It was after more than five years that he approached this Court by way of CRM No.M-34806 of 2010 challenging the order dated 07.07.2010 passed by the CJM Moga vide which it declined to accept the supplementary challan. This Court dismissed the said petition with liberty to the petitioner to surrender before the trial Court and move an application for regular bail. Thereafter the petitioner surrendered before the trial Court on 28.02.2011 and is now in custody. (4). Learned State counsel, on instructions from ASI Parveen Kumar, points out that there are 4-5 other similar types of cases registered against the petitioner. (5). Having heard learned counsel for the parties and keeping in view the fact that the petitioner is facing a Magisterial trial and no purpose whatsoever would be served by keeping the petitioner in custody, as the conclusion of trial will take some time, I deem it appropriate to allow this petition and to admit the petitioner to bail subject to compliance of the following directions/conditions:- i. The petitioner shall furnish, as a security, the original title deed(s) of some immoveable property (ies) having value of not less than Rs.25 lacs or alternatively bank guarantee of Rs.25 lacs. However, CRM No.M-10772 of 2011.doc - 3 – in the event of furnishing title deeds, the trial Court shall obtain a report from the Tehsildar and release the petitioner on bail only after ascertaining its genuineness. The title deeds shall remain with the trial Court unless the petitioner is exonerated or acquitted in all the criminal cases; ii. The petitioner shall surrender his original Passport with the trial Court and the same shall not be released until he is discharged/earns acquittal in all the criminal cases; iii. The trial court shall not give much credence to the supplementary challan report, if any, and shall proceed to decide the case on the basis of the evidence to be led by the prosecution as per the original challan. (6). The outcome of the criminal proceedings shall have no bearing on the independent rights of the complainant- party to enforce their civil rights, if any. (7). Dasti . 11.05.2011 vishal shonkar (S u r y a K a n t) Judge