Varinder Singh vs State of Punjab

Jaswant Singh, J.—Prayer u/s 438 Cr.P.C is for grant of anticipatory/pre arrest bail in case FIR No. 94 dated 4.10.2010 under Sections 420/406/120B IPC, P.S Sadar, Kapurthala.

As per allegations in the FIR lodged at the instance of complainant Palvinder, the Petitioner along with his co-accused had received a sum of Rs. 15.75 lacs for sending his son and son of his Jija abroad. Neither they were sent abroad nor the money returned. It is further alleged that subsequently an agreement had been scribed between the Petitioner and complainant whereby a sum of Rs. 1.33 lac was returned with the assurance to return the remaining amount.

Learned Counsel for the Petitioner contends that the Petitioner, in any way, is not involved in the alleged cheating and the allegations against the Petitioner are totally false. It is further contended that whatever share was received by the Petitioner has been returned.

Learned state counsel submits that presence of co-accused Mohan Lal is yet to be secured with the help of the Petitioner and recovery of the big amount also remains to be effected, therefore, custodial interrogation of the Petitioner is necessary.

Without commenting upon merit of the case and taking into account the serious allegations and gravity of the offence besides the fact that the custodial interrogation of the Petitioner is necessary for effective investigation, I do not deem it appropriate to extend the concession of anticipatory/pre arrest bail to the Petitioner.

Dismissed.