SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, the aforementioned petitions are decided being arising out of the same FIR. Petitioners Sukhdev Singh, Surjjit Kaur and Harpreet Singh have filed petition No.CRM-M-3341-2021 under Section 438 Cr.P.C., for grant of anticipatory bail, whereas, petitioner Rajwant Kaur has approached this Court by way of filing petition CRM-M-3720- 2021 seeking regular bail, all of them being accused in FIR No.37 dated 17.04.2018, for offences under Sections 420, 465, 467, 478, 471, 120-B IPC and Section 13 of the Punjab Prevention of Human Smuggling Act, 2012, registered with Police Station Kathunangal, Amritsar.

(2.) Briefly stated facts of the case as per prosecution story are that, criminal machinery in this case was set into motion by complainant Harpal Singh, who in the statement made to the police stated that Bhupinder Singh and his wife Rajwant Kaur had given him allurement of ensuring migration of his nephew Shamsher Singh to Dubai on payment of Rs.1 lakh; he accordingly fell in their trap and paid that amount to them on 23.01.2017 by transferring an amount of Rs.1 lakh from his bank account with Punjab Gramin Bank to the bank account of the accused, however, the accused neither ensured migration of Shamsher Singh to Dubai nor returned the money; formal FIR in the matter was recorded; the investigation in the case started; during the investigation of the FIR, Mrs. Savinder Kaur, mother in-law of accused Bhupinder Singh and mother of accused Rajwant Kaur submitted an application to the police that the amount deposited by complainant Harpal Singh in bank account of her son in-law Bhupinder Singh was in fact part payment of amount of Rs.2 lacs borrowed by Harpal Singh from her; the matter was enquired into and the pronote vide which the amount of Rs.2 lacs was stated to have been advanced to Harpal Singh by Savinder Kaur was taken into possession; it was sent to Forensic Science Laboratory, Punjab; as per report received, the signatures of Harpal Singh on the pronote were found to be forged, therefore, offences under Sections 465, 467, 468 and 471 IPC were ordered to be added; petitioner Rajwant Kaur was arrested in this case on 12.12.2020.

(3.) Petitioner/Accused Rajwant Kaur had filed an application for grant of regular bail before the Court of Sessions at Amritsar. Her such application, which was assigned to Addl. Sessions Judge, Amritsar was dismissed, vide order dated 05.01.2021. As such, she has knocked at the door of this Court, craving for grant of similar relief. As far as the other accused, namely, Sukhdev Singh, Surjjit Kaur and Hapreet Singh they had applied for grant of pre-arrest bail before the Court of Sessions at Amritsar but were unsuccessful. As such, they have come to this Court praying for grant of similar relief.