In a bail petition under Sections 420 IPC, the court, noting the petitioner's custody since February 2012 for alleged cheating and use of fake visa papers, found no force in his defense and that the gravity of the offense precluded bail, ultimately dismissing the petition as withdrawn.
The petition stood dismissed as withdrawn.
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.
Crl.M.No. M- 20464 of 2012 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.M.No. M- 20464 of 2012 (O&M) Date of decision : 22.11.2012 ...
Gulshan Nanda
................Petitioner
vs.
State of Punjab
.................Respondent
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. Prateek Pandit, Advocate
for the petitioner.
Sh. Sandeep Chhabra, Deputy Advocate General, Punjab.
K.C. Puri, J.
Crl.M.No. 70009 of 2012 stands allowed. Documents
Annexures P-5 to P-8 are taken on record subject to all just exceptions.
Main case
The allegation against the petitioner is that he has taken a sum of ` 15.80 lacs for sending Amandeep Singh son of the complainant abroad, on different occasions. Visa papers, on checking, were found to be fake.
Counsel for the petitioner has submitted that petitioner is in custody since February 2012. The trial is not likely to be concluded at
Crl.M.No. M- 20464 of 2012 -2-
an early date. He has further contended that the petitioner has simply introduced the complainant with one Balwinder Singh and Balwinder Singh has cheated the petitioner, as well as, complainant of this case. So, the petitioner is entitled to the concession of bail.
I have considered the said submission, but do not find any force in that submission. The allegations against the petitioner are that amount was paid to him alongwith one Rohit @ Radhey Sham. The complainant has been deprived of a huge sum. Similar case vide FIR No.21 dated 18.2.2012 under Sections 420, 406 IPC and 24 of the Immigration Act, has also been registered at P.S. Rawalpindi, Phagwara, District Kapurthala, regarding cheating for a sum of `14.80 lacs, against the petitioner. So, the gravity of offence does not make out a case for grant of bail.
At this stage, counsel for the petitioner wants to withdraw the present petition.
So, the petition stands dismissed as withdrawn.
22.11.2012 chugh
( K.C. Puri ) Judge
2 issues framed by the court
Whether the petitioner is entitled to bail given the gravity of the cheating charge and the use of fake visa papers.
Whether the petitioner's claim that he was cheated by a third party bars the grant of bail.
2 provisions across 2 enactments
Gulshan Nanda
State of Punjab
K.C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
