Rakesh Kumar Jain, J. - (1.) THIS is a petition for bail pending trial in a case registered vide FIR No.136 dated 31.08.2005 under Sections 364, 420 & 406 of the Indian Penal Code, 1860 (for short 'IPC') read with Section 24 of the Immigration Act, at Police Station Subhanpur, District Kapurthala.
(2.) THE FIR is registered by one Amar Singh, who has alleged that the petitioner, Mohan Singh and Major Singh had assured him that they will send his son to Spain against a consideration of Rs. 6 lacs. It is alleged that the money was paid to Manjit Singh and his son Avtar Singh was sent to Mali (South Africa). In the entire FIR there is no reference of any overt act having been committed by the petitioner except that he is named as an agent. It is submitted that the petitioner himself was living in Spain illegally. When he came back to India he came to know about the registration of the case. He surrendered himself before the Court on 23.11.2010 as he was already declared proclaimed offender. Learned counsel for the petitioner further submits that all other co -accused have already been released on bail whereas the petitioner is neither a previous convict nor any other case is pending against him. Learned counsel for the State has submitted that there are total 8 witnesses in this case out of which three have already been examined and next date before the Court below is 10.1.2012. He further submits that if the petitioner is released on bail then there is a likelihood of his absconding again as he possesses a valid passport.
(3.) AFTER hearing learned counsel for the parties but without making any observation on the merits, present petition is hereby allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the trial Court with heavy surety. Petitioner is further directed to surrender his passport before he is released on bail, if already not surrendered.;