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Judgment
22 paragraphs · 445 wordsPetitioners-Ranjit Singh and Amarjit Kaur have filed this petition under Section 438 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.')
for grant of anticipatory bail in case FIR No.92 dated 23.06.2018, registered at Police Station City Kotkapura, District Faridkot, under Section 420 of
the Indian Penal Code.
Notice of motion was issued in this case. Learned State counsel has put in appearance on behalf of the respondent-State and contested this petition.
I have heard learned counsel for the petitioners as well as learned State counsel and gone through the record.
From the record, I find that FIR, in the present case, has been registered on the basis of application of complainant-Jagtar Singh against the present
petitioners and other accused mainly on the allegation that on 21.08.2016, his son namely Jagdeep Singh got engaged with Simranpal Kaur daughter of
the petitioners. As per the allegations, at that time, it was decided to bear the expenditure for study, staying and for processing the file for sending
Simranpal Kaur abroad by the family of complainant. According to the same, the complainant deposited Rs.2,70,000/- on 30.09.2016, Rs.7,00,000/- on
03.10.2016 and Rs.10,50,000/- totalling to Rs.20,20,000/- in the bank account of petitioner-Ranjit Singh in order to show the funds. Thereafter, on the
asking of petitioner-Ranjit Singh and others, an amount of Rs.6,50,000/- was deposited in the account of Simranpal Kaur for his study in abroad and
besides this, an amount of Rs.80,000/- was deposited in her account for her insurance. It is also mentioned in the FIR that Rs.70,000/- was withdrawn
by petitioner-Ranjit Singh form the account of Simranpal Kaur, out of which he returned Rs.60,000/- to the complainant on his asking. Simranpal Kaur
went abroad, but did not give any intimation to the complainant side. As per the complainant, he had to send Simranpal Kaur and his son after
performing their marriage.
In pursuance of the interim order dated 20.07.2018 passed by this Court, the petitioners have already joined the investigation. They are not required for
custodial interrogation.
Keeping in view the facts and circumstances of the present case; without discussing the facts of the case in minute details; without expressing any
opinion on the merits of the case and in view of the fact that the petitioners are the parents of Simranpal Kaur, I find that no useful purpose will be
served by sending them to custody. Therefore, finding merit in the present petition, the same is allowed. The order dated 20.07.2018, granting interim
bail to the petitioners, is made absolute. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by the
conditions of Section 438 (2) Cr.P.C.
