MANMOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail to the petitioners in case FIR No.421 dated 18.10.2019 under Sections 420, 406, 120-B IPC, registered at Police Station City, Barnala.

(2.) Counsel for the petitioners submits that the FIR has been registered at the instance of 10 parents of the students of the Sacred Heart Convent School, Barnala against the principal of the school for cheating them by alluring to part away Rs.1,25,000/- per student in two installments for arranging a trip to USA (NASA). It is stated in the complaint that Principal Lyra Lasrado assured parents that considering her acquaintance with the petitioners and US Embassy, the students will get 100% visa as the petitioners were running a company named Starico Private Limited, Delhi and they will arrange the same. It is further stated in the complaint that in the first installment, an amount of Rs.75,000/- per student was paid to the company of the petitioners, in November, 2018 and the second installment was paid in June, 2019. In the first batch 34 students and 05 teachers appeared for interview at US Embassy on 18.6.2019 and the visa to all of them was refused. In the second batch of 35 students and 04 teachers, who appeared for interview on 4.5.2019, where applications of 30 students and of 04 teachers were rejected and only 04 students were granted visa for 03 months. When the parents demanded refund of the amount, the petitioners stated that as per the cancellation policy, the entire amount cannot be refunded.

(3.) Counsel for the petitioners submits that before registration of the FIR, an enquiry was conducted by the Deputy Superintendent of Police, Barnala, wherein it was found that from 69 students, the petitioners have collected a total sum of Rs.1,03,50,000/- through cheques and an amount of Rs. 03 lacs was collected in cash from two teachers. As per the agreement, Rs.25,000/- per student was taken as registration charges. It is further observed in the enquiry of the Deputy Superintendent of Police, Barnala that the petitioners have paid an amount of Rs.25,000/- each to 64 students only and the balance amount of Rs.67.75 Lacs has been misappropriated by the petitioners by committing cheating with the school management as well as the parents of the students, who are victims. Counsel for the petitioners further submits that the petitioners are still ready to pay the balance amount of Rs.67.75 lacs after deducing the amount of Rs.25,000/- per student as per the agreement between them.