The单次 High Court dismissed a petition for anticipatory bail filed under Section 438 CrPC. The court held that the allegations of fraud were serious and necessitated the petitioner's presence for custodial interrogation, rejecting the grounds provided to grant bail.
The petition for anticipatory bail was dismissed without granting relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Misc. No.M- 19013 of 2010 (O&M)
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M- 19013 of 2010 (O&M) Date of decision: 14.7.2010
James Bhatti
......Petitioner
Versus
State of Punjab
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Mohit Garg, Advocate, for the petitioner.
Ms.Rajni Gupta, Addl.A.G.Punjab.
SABINA, J.
This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 45 dated 11.5.2010 under Sections 420/120-B of the Indian Penal Code, registered at Police Station Longowal, District Sangrur.
The contents of the FIR, as reproduced in para No.1 of the petition, read as under:-
“That myself applicant is resident of Sail Bajar Street village Badrukha District Sangrur and my father is
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a retired person. After passing the 12th Class I had done diploma of Medical Line Technician for three years from S.G.S. College for Pharmacy, Chandigarh in the year 2000. Now I have been working as Lab Technician, Blood Bank, Civil Hospital Barnala. 2) That the abovesaid accused Jois Bhatti who is working as Nurse in the Rajindera Hospital and resides there with her husband Raj Kumar Sangha in the staff quarter. Field of my work and that of Jois Bhatti being the same we got acquainted to each other many times at the Rajindra Hospital with regard to the works of the hospital. It is the incident of July 2007, once when I met Jois Bhatti in connection with the hospital work at the Rajindra Hospital, Jois Bhatti told me that my brother James Bhatti and my husband Raj Kumar Sangha do the work of sending people abroad. My brother James Bhatti has an office at Jalandhar and he has offices abroad. You are a Lab Technician. If you wish to have a job abroad, my husband and my brother can make an arrangement for your job abroad and for your permanent residence abroad also. During those days Raj Kumar Sangha had got published posters regarding this and had distributed the same that they can guarantee to get a Visa for job as well as permanent residence abroad for educated people who are diploma
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holders. This poster was also red by my nephew Rakesh Kumar Kaushal r/o 44 Preet Nagar, Patiala and he told me about it. After that I talked to Jois Bhatti who asked me to go to Patiala and meet her husband Raj Kumar Sangha and also asked me to take all of my certificates with me whereupon I along with my father and Rakesh Kumar Kaushal met abovesaid Jois Bhatti and her husband Raj Kumar Sangha saw my certificates and told that his brother-in-law James Bhatti resides at Jalandhar and does the work of sending people abroad and that he also does the work of getting visa in connection with a joib abroad and in this way he kept the photostat copies of all of my certificates and said that I would tell you after taking to my brother in law James Bhatti after showing him these papers. 3)That a few days thereafter Raj Kumar Sangha came to our house with his wife, at Badrukhan and told me that I have talked to James Bhatti and he told that if you wish to do the job in foreign than I can arrange for the visa of permanent residence and job in Canada. In this regard, I can arrange your meeting with above mentioned James Bhatti and also told that after getting approximately Rs.6,50,000/- he will get me a job in Canada as well letter of permanent residence. At that time Raj Kumar Sangha demanded Rs.14,000/- from
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us. Beacause of having no suitable job in India with me and for my better future, I agreed to it and my father gave Rs.14,000/- in cash to Raj Kumar Sangha. 4) That on dated 15.9.2007 Raj Kumar Sangha along with his brother in law James Bhatti came at our house at our village Budhrakhan to meet us. Where he assured me that he will get me a good job of Laboratory Tecnician in Canada and in this regard he demanded Rs.6,50,000/and my father told them that he cannot pay the whole amount together. On which the above mentioned accused told that now give us Rs.2,00,000/- and the remaining money we will take from you from time to time in instalments on which my father Charnjit Singh as per there saying gave them a cheque from his bank account in HDFC bank bearing No.389860 dated 15.9.2007 of Rs.14,665/- and the remaining money was paid in cash to James Bhatti, in this manner, the above mentioned accused took Rs.2,00,000/- from us and on the asking of James Bhatti I gave all my documents, passport, diploma certificate etc. to James Bhatti, at that time James Bhatti and Raj Kumar Sangha obtained my signatures on blank and printed papers by saying that all these documents are necessary for getting the visa and job on which I as per them on their trust I signed on all those documents. 5)
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Criminal Misc. No.M- 19013 of 2010 (O&M)
That thereafter, in October 2007 James Bhatti and Raj Kumar Sangha came at our house at Budrakhan and demanded Rs.1,50,000/- from us on which my father as per their saying gave a cheque bearing number 389862 dated 17.10.2007 amounting to Rs.98750/- and the remaining money was paid in cash to the above mentioned two accused. 6) That again in December 2007 James Bhatti and Raj Kumar demanded the remaining money from us by coming at our house in village Budrakhan and assured us that soon the arrangements will be made for the job at Canada. On which my father gave a cheque of Rs.41,000/- bearing number 389863 dated 15.12.2007 to James Bhatti and Raj Kumar Sangha. 7) That the above mentioned accused James Bhatti and Raj Kumar Sangha in January 2008 again came to our village at Budrakhan and demanded the remaining money and my father on their saying gave a cheque of Rs.52,890/- bearing number 389865 dated 8.1.2008 from his account bearing number 2621000081876 in HDFC Sangrur Branch to James Bhatti and Raj Kumar Sangha. 8) That thereafter in June 2008 James Bhatti and Raj Kumar Sangha came to our home village at Budrakhan and told to me that my file has been sent for the visa of Canada and demanded the
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remaining money which my father after withdrawing Rs.1,00,000/- from his account bearing number 55074981501 in State Bank of Patiala Sangrur Branch on 5.6.2008 in cash to James Bhatti and Raj Kumar Sangha. 9) That again in August 2008 James Bhatti and Raj Kumar Sangha above mentioned came to our home village at Budrakhan and demanded which my father after encashing the FD gave Rs.1,00,000/- from his account bearing number 2621000081876 in HDFC Sangrur Branch on 22.8.2008 to James Bhatti and Raj Kumar Sangha. 10) That thereafter I many times made phone calls to James Bhatti and Raj Kumar Sangha and met them many a times personally also and enquired regarding my visa then every time James Bhatti and Raj Kumar Sangha delayed that my case has been sent to Canada Government and told that in these works time is always required. 11) That when in October 2009 I enquired from James Bhatti then he told that my visa has been refused and on my repeated enquiry regarding the reasons for rejecting he always put off the answer on one pretext or another then by showing me a letter dated 1.10.2009 that my visa has been refused. This thing was earlier known to the above mentioned and despite knowing all this they have defrauded me of Rs.6,50,000/-.
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Criminal Misc. No.M- 19013 of 2010 (O&M)
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Criminal Misc. No.M- 19013 of 2010 (O&M)
Presented by Khusawant Prabhakar s/o Charanjit Prakash resident of bazzar street village budraka district Sangrur dated 21.12.2009”
Learned counsel for the petitioner has submitted that the petitioner has done all that he was required to do and had deposited the money in question with the Embassy. However, the complainant had failed to clear the requisite test.
Learned State counsel, on the other hand, has submitted that the petitioner is required for custodial interrogation. The money in question has been taken by the petitioner but he has not done the needful.
After hearing the learned counsel for the parties, I am of the opinion that no ground for grant of anticipatory bail to the petitioner is made out.
The allegations levelled against the petitioner are serious in nature and he is required for custodial interrogation.
Accordingly, this petition is dismissed.
(SABINA) JUDGE
July 14, 2010 anita
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner facing fraud and cheating allegations.
Whether the petitioner requires custodial interrogation given the serious nature of the allegations.
Whether grounds for granting anticipatory bail exist in the present case.
1 provisions across 1 enactments
James Bhatti
State of Punjab
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
