MOHD. FAQRUDDIN Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) On the complaint of Ajay Arora, F.I.R. No. 128 dated 2.9.1997 has been registered at Police Station, Manimajra, Chandigarh under Sec. 420 Penal Code and Sec. 24 of the Immigration Act, wherein the following material allegations are found:

(2.) Petitioner - Faqruddin who is known to the father of the complainant, has been on visiting terms. The petitioners son-salim had already gone to Saudi Arabia. The petitioner induced and told the complainant that he can send the complainant also to Saudi Arabia through his son - Salim. The petitioner told him that he will charge Rs.1.10 lakh's, and demanded Rs.25,000.00 as advance. The complainants grand-father- Khushi Ram gave him Rs.25,000.00 in the presence of the petitioners son-soni about 4-5 months back, and handed over the complainants passport to soni. The petitioner assured that he will send the complainant abroad within a month or two and that his son-Salim is coming from Saudi Arabia. Salim came and showed some documents, demanded Rs.50,000.00 telling that he is having the visa of the complainant. The complainants grand-father gave him Rs.45,000.00. The complainant was assured that they will send him to Saudi Arabia within 10/15 days, but he has neither been sent to Saudi Arabia, nor the passport and the money have been returned inspite of demand.

(3.) The petitioners application for bail was dismissed by the learned Judicial Magistrate 1st Class, Chandigarh as well as the learned Additional Sessions Judge, Chandigarh. Therefore the petitioner has approached this court under Sec. 439 Cr. P.C. for bail.