IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. M No.5021 of 2009
Date of Decision: February 20, 2009
Kulwinder Singh ...........Petitioner
Versus
State of Punjab ..........Respondents
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr.H.S.Grewal, Advocate
for the petitioner.
**
Sabina, J.
Petitioner-Kulwinder Singh has filed this petition under
Sectin 438 of the Code of Criminal Procedure for grant of anticipatory bail
in FIR No.6 dated 9.1.2009 registered at Police station Qadian, District
Gurdaspur under Section 420 of the Indian Penal Code (`IPC’ for short).
Prosecution case is that the petitioner had gone to the house
of the complainant on 5.2.2007 and had taken Rs. One lakh from him along
with original passport and class 10 certificate of Jaswinder Singh, son of
the complainant. Neither the son of the complainant was sent abroad nor
the money was returned to the complainant.
Learned counsel for the petitioner has submitted that the
petitioner was innocent and has been falsely involved in this case. There
was no occasion for the petitioner to take money from the complainant for
sending his son abroad as he was not a travel agent.
The allegations against the petitioner in the present case are
serious in nature. Petitioner had taken Rs. 1,00,000/- from the complainant
Crl. Misc. M No.5021 of 2009 -2-
on 5.2.2007 for sending his son abroad. The total amount was settled at
Rs.5½ lakh. Petitioner also took the original passport and class 10
certificate of Jaswinder Singh, son of complainant. Neither the son of the
complainant has been sent abroad nor the money has been returned to the
complainant. Custodial interrogation of the petitioner might be necessary in
this case.
Accordingly, this petition is dismissed.
( Sabina )
Judge
February 20, 2009
arya
