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Jasmail Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 13 January 2011 · Citation: (2011) 01 P&H CK 0107

HON’BLE JUDGES
Rajan Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Penal Code, 1860 (IPC) — Section 420, 465, 467, 468, 471
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous No. M-179 of 2011
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Judgment

6 paragraphs · 197 words

Rajan Gupta, J.—This is a petition u/s 438 Code of Criminal Procedure seeking pre-arrest bail in a case registered against the Petitioner under Sections 420/465/467/468/471 IPC vide FIR No. 149 dated 4.12.2010 at police station Ghall Khurd, District Ferozepur.

2.

Learned Counsel for the Petitioner has argued that the entire dispute is civil in nature and thus, Petitioner is entitled to concession of pre-arrest bail.

3.

Learned State counsel has, however, vehemently opposed the prayer. He submits that in view of nature of allegations, custodial interrogation of the Petitioner maybe required.

4.

Heard.

5.

The complaint was lodged by Buta Singh. Healleged that the Petitioner assured him that his son would be sent to Canada and took a cheque for Rs. 1,30,000/-for this purpose on 17.9.2008. Thereafter, on 25.8.2009, hetook certain other documents, such as, stamp-papers, blank cheques and 4-5 passports of complainant''s family for completing visa formalities. However, he neither applied for visa nor returned the passports.

6.

In my considered view, in view of nature of allegations contained in the FIR, custodial interrogation of the Petitioner ay be necessary. The present petition for pre-arrest bail is thus, devoid of merit and is here by dismissed.