NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition for the grant of bail during trial in terms of Section 439 Code of Criminal Procedure learned Counsel for the Petitioner submits that the offence under Section 24 of the Emigration Act, 1983 is punishable with imprisonment of two years and with fine which may extend to Rs. 2,000/ - the proviso provides a minimum punishment of six months. It is submitted that the allegations in the present case have been levelled by the cousin brother of the Petitioner because there is a land dispute between the complainant and the Petitioner because of their close relationship, besides it is submitted that in fact one Jarnail Singh son of Sohan Singh resident of Bidipur, Tehsil Sultanpur Lodhi, District Kapurthala, has filed Criminal Misc. No. 5295 -M of 2004 against the complainant of the present case seeking directions from this Court for registration of FIR against Bakhminder Singh son of Dalip Singh complainant in the present case. In the said petition, it has been alleged that the Petitioner therein i.e. Jarnail Singh had submitted a detailed complaint in writing to the SSP on 5.12.2002 for registration of FIR and taking stern action. In the circumstances, it is contended that false allegations have been levelled in the FIR and there is nothing specific in the FIR against the Petitioner. Besides it is contended that the case is triable by a Magistrate of the first class.

(2.) IN response, learned Counsel for the State submits that the allegations against the Petitioner are serious in nature in as much as he has taken a sum of Rs. 9,30,000/ - in a deceitful manner from his own cousin brother by posing himself as a travel agent. It is submitted that there are specific allegations against the Petitioner and specific time has been given in the complaint when the amount was paid to the accused and his co -accused. Therefore, it cannot be said that there are no specific allegations against the Petitioner.

(3.) IT is not in dispute that the charge in the case has been framed and the case is pending trial. The dispute in the case is between cousin brothers. The trial in the case is likely to take time and no useful purpose would be served in keeping the Petitioner to custody. The Petitioner is in custody since 29.12.2004 and the case is triable by a Magistrate of the first class.