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2002 DIGILAW 1026 (PNJ)

Jagmohan Singh v. State Of Punjab

2002-10-07

R.C.KATHURIA

body2002
Judgment R.C.Kathuria, J. 1. Jagmohan Singh, petitioner-accused seeks anticipatory bail in case bearing FIR No. 94 dated 12.7.2002 registered under Sections 420 and 120-B of the Indian Penal Code with Police Station, Dasuya, District Hoshiarpur. 2. Present case came to be registered on the written complaint made by Manjinder Singh and Charanjit Singh residents of Civil Lines, Bhenni Bazar. Quadian, District Gurdaspur. It was alleged by them that on 9.9.1998, they had paid Rs. 2 lacs to accused Jagmohan Singh and Daljit Kaur wife of Jagmohan Singh on the assurance that they would be sent abroad. Thereafter accused did not send them abroad as promised and failed to return the money paid to them. On demand they returned only amount of Rs. 60,000/- to Charanjit Singh. They had also misplaced their passports and withheld balance amount of Rs. 1, 40,000/-. 3. Counsel representing the petitioner-accused, while pressing for his bail mainly contended that false and concocted version had been put up by the complainants in order to rope in the petitioner in this case. To reinforce his stand it was submitted by him that in Criminal Writ Petition No. 785 of 2002 as per order dated 4.7.2002 of this Court, a raid was conducted by the Warrant Officer at Police Station, Quadian, District Gurdaspur on 5.7.2002 at 7.30 p.m. and the petitioner-accused was found to be illegally detained. Thereafter in order to seek vengeance the present case had been registered. It was also pointed out by the counsel for the petitioner that the incident in question even as per complainants, had taken place on 9.9.1998 and no explanation had been rendered as to why the present case came to be registered on 12.7.2002 so to say after a lapse of more than four years. 4. Opposing the submissions made, it had been contended by the State counsel that interrogation of the petitioner-accused is required in connection with the money received by him from the complainants and thus concession of anticipatory bail be not extended to him. 5. The merits of respective stands taken by the parties have to be adjudicated during the trial of the case. 5. The merits of respective stands taken by the parties have to be adjudicated during the trial of the case. Taking into account the above narrated circumstances pointed out on behalf of the petitioner, I deem it necessary to accept the petition and order that in the event of arrest of the petitioner, he shall be admitted to bail by the Arresting Officer on his furnishing bail bond and surety bond to his satisfaction undertaking therein to abide by the conditions laid down under Section 438(2) of the Code.