In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 1646 of 2009 Date of Decision:February 26, 2009 Gaganjit Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.B.S.Sidhu,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG, Punjab *** SABINA, J. Gaganjit 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. 29 dated 20.3.2008 under Sections 420 /506 of the Indian Penal Code registered at Police Station, Sadar Nabha, District Patiala. The allegations against the petitioner, in brief, is that he has duped the complainant-Jaswant Singh of Rs. 2,50,000/- on the pretext of getting employment for him. Learned counsel for the petitioner has submitted that the complainant was aged 49 years and there was no question of his getting employment in any Government office. Complainant was working as a Granthi in Gurudwara Premak Jatha, Jhibian Wali, Alhoran Gate, Nabha.As per affidavit (Annexure P-2), he had been removed from job in the year Crl. Misc. No. M- 1646 of 2009 -2- 2005. Learned State counsel, on the other hand, has opposed the bail application. As per the allegations levelled by the complainant, petitioner had taken Rs. 2.50,000/- from him on the pretext of getting employment for him as he knew politicians. Admittedly, the complainant is 49 years of age. It is debatable whether the complainant would have paid such a huge amount for getting Government employment although he is over age. In these circumstances, the fact that whether the amount, in question, had actually been paid by the complainant to the petitioner, would more appropriately be gone into during trial. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. In the meantime, in the event of arrest, the petitioner be released on bail subject to his furnishing personal bonds and surety to the satisfaction of the Arresting Officer. However, he shall join the investigation as and when called and shall abide by the provisions of Section 438(2) Cr.P.C. (SABINA) JUDGE February 26, 2009 PARAMJIT