JUDGMENT Mr. Mehinder Singh Sullar, J.: (Oral) - Tersely, the facts & material, which need a necessary mention for deciding the instant petition for regular bail and emanating from the record, are that complainant Daljit Singh (for brevity “the complainant”) had paid an amount of Rs.10 lacs to the petitioner after selling his land on the pretext of sending him (complainant) to Spain. He fraudulently started showing the complainant various dreams regarding earning more money from abroad. The petitioner has neither sent him abroad nor returned the amount of Rs.10 lacs. When the complainant asked the petitioner to return the money, then, he threatened him with dire consequences and proclaimed that he will not return the amount and he (complainant) may do whatever he want to do. 2. Leveling a variety of allegations and narrating the sequence of events, in all, according to the complainant that he paid an amount of Rs.10 lacs by selling his land measuring 13 kanals 11 marlas, but the petitioner has misappropriated the amount and cheated him in this relevant connection. In the background of these allegations and in the wake of complaint of the complainant, the present case was registered against the petitioner-accused, vide FIR No.118 dated 9.9.2011, on accusation of having committed the offence punishable under Section 420 IPC, by the police of Police Station Makhu, District Ferozepur in the manner depicted here-in-above. 3. Now the petitioner has preferred the instant petition for regular bail in the indicated criminal case, invoking the provisions of Section 439 Cr.P.C. 4. Notice of the petition was issued to the respondents. 5. After hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration over the entire matter, to my mind, there is no merit in the present petition in this regard. 6. Ex facie, the argument of learned counsel that since the petitioner has been falsely implicated, so, he is entitled to the concession of regular bail, sans merit. 7. As is evident from the record, that specific and direct allegations are assigned to the petitioner that the complainant has paid him a sum of Rs.10 lacs after selling his land on the pretext of sending him to Spain. The petitioner fraudulently started showing the complainant various dreams regarding earning more money from abroad. He has neither sent him abroad nor returned the amount of Rs.10 lacs.
The petitioner fraudulently started showing the complainant various dreams regarding earning more money from abroad. He has neither sent him abroad nor returned the amount of Rs.10 lacs. When the complainant asked to return the money, then, the petitioner threatened him with dire consequences and proclaimed that he will not return the amount and complainant may do whatever he want to do. 8. Meaning thereby, the direct allegations are assigned to the petitioner that he has misappropriated the indicated heavy amount and cheated the complainant in this respect. To me, if the petitioner is allowed bail, then, he will influence the prosecution witnesses. It cannot possibly be disputed here, that the tendency and frequency of such accused managing such like rackets in order to misappropriate the heavy amount and cheat the innocent people, have been tremendously increasing day by day, which is adversely affecting the health of the society. Therefore, taking into consideration the gravity of the heinous offence committed by the petitioner, he is not entitled to the concession of regular bail. 9. In the light of aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of main case, the instant petition for regular bail filed by the petitioner is hereby dismissed in the obtaining circumstances of the case. 10. Needless to mention that, nothing recorded, here-in-above, would reflect, in any manner, on merits of the case, as the same has been so observed for a limited purpose of deciding the present petition.