Crl.M.No.M-19472 of 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.M.No.M-19472 of 2009 (O&M)
Date of Decision: 3.8.2009
Harwinder Singh
....Petitioner.
Vs.
State of Punjab
..Respondent.
CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
Present : Mr.B.S.Bhalla, Advocate for the petitioner.
Mr.Ranbir Singh Rawat, AAG Punjab.
RAKESH KUMAR JAIN, J.(Oral)
This is a petition under Section 438 Cr.P.C. for grant of
anticipatory bail in a case registered vide FIR No.97 dated 4.6.2008 under
Section 420 IPC at Police Station Dharamkot, District Moga.
The FIR has been registered on the complaint of Puran Singh
with the allegation that his son Parghat Singh was unemployed whom he
wanted to get some job. The petitioner along with Harjinder Singh and
Gursewak Singh misled him and said that they have got good influence and
they would get his son employed in police department for which the
complainant had to pay Rs.3 lacs. According to the complainant, a sum of
Rs.3 lacs was given to the petitioner on 23.11.2005 by mortgaging his land
in the presence of Balwant Singh Fauji, Zira and Balkar Singh, Member
Panchayat.
Counsel for the petitioner, submitted that the petitioner was
Crl.M.No.M-19472 of 2009 -2-
admitted in Hospital on 24.11.2005 and his brother Harjinder Singh had
participated in National Cadet Corps combined Annual Training Camp
(Annexure P-2), therefore, there is no question of handing over the money
to them.
As against this, counsel for the State has referred to an order
passed by this Court in Crl.M.No.16015 of 2008 in the case of Harjinder
Singh Vs. State of Punjab whereby anticipatory bail filed by Harjinder
Singh was dismissed on 17.7.2008. It is submitted that bail application of
the accused Harjinder Singh was dismissed on 17.7.2008 but he could not
be arrested as he is fleeing from law and has already been declared
proclaimed offender. It is further submitted by the counsel for the State that
even the petitioner has also been declared proclaimed offender.
In view of the above, I do not find it to be a fit case for grant of
anticipatory bail to the petitioner and the same is dismissed.
(RAKESH KUMAR JAIN)
3.8.2009 JUDGE
Meenu