Punjab-Haryana High Court
Gurdhir Singh vs State Of Punjab on 28 October, 2020
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
In the High Court of Punjab and Haryana, at Chandigarh
Criminal Misc. No. M- 1007 of 2020 (O&M)
Date of Decision: 28.10. 2020
Gurdhir Singh
... Petitioner(s)
Versus
State of Punjab
... Respondent(s)
CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present: Mr. Arjunveer Sharma, Advocate
for the petitioner(s).
Ms. Samina Dhir, Deputy Advocate
General, Punjab for the respondent.
Anil Kshetarpal, J.
The petitioner prays for grant of regular bail pending trial in a criminal case arising from FIR No. 180 dated 16.08.2018, registered under Section 406, 420 & 120-B IPC and Section 13 of the Punjab Prevention of Human Smuggling Act, 2012, at Police Station City Moga, District Moga.
As per the case of the prosecution, the petitioner along with his wife is running a Travel Agency under the name of "NRI Singh Brothers" at New Gulabi Bagh, Moga. The petitioner while promising to immigrate the first informant to Czechoslovakia has received a sum of ₹39,00,000/-. However, he failed to send the first informant abroad.
Pursuant to the directions issued, the Deputy Superintendent of Police (City), Moga, has filed an affidavit disclosing that the petitioner is a habitual offender and there are as many as 11 cases including the present one pending against him with similar allegations. The details of the various DEEPAK KUMAR BHARDWAJ 2020.10.29 10:25 cases pending have been given in para 8 of the affidavit dated 21.10.2020, I attest to the accuracy and integrity of this document Criminal Misc. No. M- 1007 of 2020 (O&M) 2 which is extracted as under:
Sr. Details of Police Station Offences Status.
No. the FIR
01. 68 dated City Moga 406, 420, 464, 465, 471 & Under trial
1104.2018 120-B IPC
02. 100 dated City Moga 420 & 120-B IPC Under trial
24.05.2018
03. 137 dated City Moga 13 of the Punjab Under trial
16.07.2017 Prevention of Human
Smuggling Act, 2012
04. 85 dated City Moga 406, 420 & 120-B IPC Under trial
04.05.2018
05. 35 dated City Moga 420 IPC and Section 13 Under trial
01.03.2018 of the Punjab Prevention
of Human Smuggling
Act, 2012
06. 178 dated City Moga 420 & 406 IPC and Under trial
15.08.2018 Section 13 of the Punjab
Prevention of Human
Smuggling Act, 2012
07. 307 dated Samrala 420 & 120-B IPC Under trial
23.12.2018
08. 133 dated Dasuya 420 & 406 IPC and Under trial
11.09.2018 Section 24 of the
Immigration Act
09. 257 dated City Barnala 420 & 120-B IPC and
04.07.2019 Section 13 of the Punjab
Prevention of Human
Smuggling Act, 2012
10. 132 dated City Faridkot 42 & 32-A of the Prison Under
22.04.2020 Act. Investigation
Learned counsel for the petitioner contends that the petitioner is in custody since 27.05.2020 and the case is triable by the Judicial Magistrate. He further contends that the police has not collected any material to show that any fake visa was handed over to the first informants.
This Court has considered the submissions, however, finds no substance therein. It is not disputed that the petitioner is not a licensed travel DEEPAK KUMAR BHARDWAJ 2020.10.29 10:25 agent. It is also undisputed that he received a sum of ₹ 39,00,000/- from the I attest to the accuracy and integrity of this document Criminal Misc. No. M- 1007 of 2020 (O&M) 3 first informants. The fact that the petitioner is involved in various cases which have been extracted above, also remain beyond any dispute . Hence, no ground is made out to grant the concession of regular bail to the petitioner and the present petition is dismissed.
(Anil Kshetarpal) Judge October 28, 2020 "DK"
Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2020.10.29 10:25 I attest to the accuracy and integrity of this document