High Court grants bail in immigration fraud case subject to deposit of fraud money

Read Order: Titu Chand v. State of Punjab 

LE Correspondent

Chandigarh, July 20, 2021: The Punjab and Haryana High Court has granted bail in an immigration fraud case, subject to the deposit of fraud money amounting to Rs 1.08 lakh before the trial court.

The decision came in response to the petition for regular bail filed in connection with an FIR registered on 24.05.2019, for offence punishable under Sections 406, 420 of the Indian Penal Code, 1860; section 13 of the Punjab Travel Professionals Act, 2014 and section 24 of the Immigration Act, registered at Nawanshahr city police station in Punjab’s S.B.S. Nagar district.

Complainant Satnam Singh in the FIR alleged that he gave Rs.1,08,333/- to the petitioner for sending him to Jordan for procuring a job. However, neither VISA was granted nor the money returned to him.

“It is further submitted that in fact it was a money dispute between the parties and to show his bona fide, the petitioner, without prejudice to his right of defence, is ready to deposit Rs.1,08,333/- with the Illaqa Magistrate/trial Court within a period of 01 month from today subject to the condition that the same may be kept in an FDRs,” read the HC order.

Counsel for the State did not dispute the factual position but opposed the prayer for bail. The State further submitted that the allegations against the petitioner were that he has taken Rs.1.08,333 for sending the complainant abroad, however, the amount has not been returned, the HC noted.

Deciding the matter, the bench of Justice Arvind Singh Sangwan stated that considering the fact that the custodial interrogation of the petitioner is not required and the conclusion of the trial will take some time due to COVID-19 situation and also in view of the volunteered statement made by the petitioner to deposit the amount of Rs.1,08,333/-, his petition is allowed and the petitioner is directed to be released on bail.

The HC further directed that the petitioner will deposit the amount of Rs.1,08,333 with the Illaqa Magistrate/trial court, which will be kept in the FDRs, subject to final outcome of the case, without prejudice to his right of defence. 

The HC also made clear that if the amount is not deposited, it will be open for the prosecution to apply for cancellation of the bail of the petitioner.