JAGMOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jagmohan Singh, petitioner-accused seeks anticipatory bail in case bearing FIR No. 94 dated 12.7.2002 registered under Sections 420 and 120B of the Indian Penal Code with Police Station, Dasuya, District Hoshiarpur.

(2.) Present case came to be registered on the written complaint made by Manjinder Singh and Charanjit Singh residents of Civil Lines, Bhenni Bazar. Quadian, District Gurdaspur. It was alleged by them that on 9.9.1998, they had paid Rs. 2 lacs to accused Jagmohan Singh and Daljit Kaur wife of Jagmohan Singh on the assurance that they would be sent abroad. Thereafter accused did not send them abroad as promised and failed to return the money paid to them. On demand they returned only amount of Rs. 60,000.00 to Charanjit Singh. They had also misplaced their passports and withheld balance amount of Rs. 1, 40,000.00.

(3.) Counsel representing the petitioner-accused, while pressing for his bail mainly contended that false and concocted version had been put up by the complainants in order to rope in the petitioner in this case. To reinforce his stand it was submitted by him that in Criminal Writ Petition No. 785 of 2002 as per order dated 4.7.2002 of this Court, a raid was conducted by the Warrant Officer at Police Station, Quadian, District Gurdaspur on 5.7.2002 at 7.30 p.m. and the petitioner-accused was found to be illegally detained. Thereafter in order to seek vengeance the present case had been registered. It was also pointed out by the counsel for the petitioner that the incident in question even as per complainants, had taken place on 9.9.1998 and no explanation had been rendered as to why the present case came to be registered on 12.7.2002 so to say after a lapse of more than four years.