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2003 Supreme(Del) 1143

High Court Of Delhi
DALER SINGH - Appellant
Versus
STATE OF NCT OF DELHI - Respondent
CRI.M.(M.) 4203 of 2003
Decided On : 11/23/2003

Advocates Appeared:
ANAND PARKASH, Anil Soni, Atul Nanda, BIMAL ROY JAD, GURPRIT SINGH, PAVAN SHARMA, R.K.JAIN, R.P.Bansal, RAJIV GEORGE, RAVINDER KUMAR, S.B.Upadhyay, SANJAY DAS, SUDHIR VALIA

Headnote:Criminal Procedure Code, 1978 - Section 438 — Anticipatory Bail — Territorial jurisdiction — Petitioner a well known Punjabi Pop Singer — Various complaints filed against petitioner and his brother at Patiala for extorting money and black mailing the complainants in the name of getting Visa for going to Canada — Arrest of petitioners brother and recovery of incriminating documents — CJM at Patiala issuing Non-bailable warrants against petitioner — Being a resident of Delhi, petitioner apprehending his arrest at Delhi — Hence, filing application before High Court of Delhi for grant of anticipatory bail-Letter dt. 2.8.02 showing possibility of bad blood between petitioner and his brother — Anticipatory bail granted for 10 days subject to conditions — However, for regular bail petitioner to approach Courts at Patiala — Indian Penal Code, 1860, Sections 406, 420, 120-B.

S. K. AGARWAL, J.

( 1 ) BY this petition under Section 438 Cr. P. C. petitioner is seeking pre-arrest bail in case FIR No. 498/2003 registered under sections 406/420/120-B IPC at P. S. Patiala Sadar, Punjab.

( 2 ) ON 19. 9. 2003, above case was registered on the complaint of one Bakshish Singh resident of village Balbera, Distt. Patiala, Punjab, alleging that he wanted to get a visa for going to Canada; and expressed his desire to Surinder Singh, whom he knew from before, who arranged a meeting of the complainant with Shamsher Singh, Daler Singh (petitioner), Tejinder Singh and Harchand Singh. They demanded Rs. 15. 0 lacs for arranging visa for Canada and the deal was settled for Rs. 12. 0 lacs. The complainant gave Rs. 2. 0 lacs and his passport on 8. 5. 2003 to said four persons (except petitioner) at Patiala and remaining Rs. 10. 0 lacs was agreed to be paid after the visa was granted. After some time the complainant was informed that visa has been granted from 2. 6. 2003 to 1. 12. 2003, and he was made to talk to the petitioner at Delhi, who also confirmed that visa has been granted and promised to send photocopy of the same within two days; on 4. 7. 2003 Shamsher Singh, Tejinder Singh and Surinder Singh contacted the complainant at his village, gave him photocopy of the visa for Canada, and asked for remaining amount of Rs. 10. 0 lacs. The complainant paid Rs. 10. 0 lacs to them and he was assured that passport would be returned within two-three days. However, despite requests pass-port of the complainant was not returned to him. On 27. 7. 2003, he was informed that the passport was with the petitioner, who was in Delhi; and the petitioner wanted to talk with him. The complainant along with Jaswinder Singh (witness) Shamsher Singh, Tejinder Singh, Harchand Singh and Surinder Singh met the petitioner at Delhi; petitioner assured the complainant that the work has been done and that he could take the pass-port only after giving another sum of Rs. 5. 0 lac; on being asked why additional amount of was being demanded; complainant was told that the pass-port would not be given back, without payment of Rs. 5. 0 lac. Surinder Singh, who was a mediator tried to persuade the complainant to arrange for another sum of Rs. 2 to 3 lacs to get the pass-port. On 12. 8. 2003, the complainant came to Delhi with Bhupinder Singh (witness) and met the petitioner and Shamsher Singh and paid Rs. 1. 0 lac. They did not give back passport, misbehaved with the complainant and threatened to kill him. It is alleged that accused persons were extorting money and blackmailing the complainant, and that he has been cheated and that these persons have committed similar fraud with several other persons, including one Jasvinder Singh.

( 3 ) DURING investigations Police arrested (Shamsher Singh), brother of the petitioner; several incriminating documents were allegedly recovered. The petitioner could not be arrested and warrants for his arrest were issued by the Chief Judicial Magistrate, Patiala on 15. 10. 2003. The petitioner s application for anticipatory bail was dismissed by learned Additional Sessions Judge, Delhi on 13. 10. 2003. It is alleged that the State of Punjab was not made as a party and that petitioner did not join investigations but appeared on NDTV channel on 14. 10. 2003 and gave a interview commenting upon this case. On 21. 10. 2003 in the course of hearing, learned APP for State had argued that after registration of the above case more than 30 complaints have been received with similar allegations. State was directed to file an affidavit in this regard. Paras 2 to 4 of this affidavit read as under:

1. "that after registration of the FIR no. 498 dated 19. 9. 2003 at Police Station Sadar, Patiala (Punjab) U/s. 406,420 read with 120-B IPC, various complaints started pouring in and so far about 31 complaints have been received against the petitioner, his family members and other co-accused, wherein similar allegations have been leveled against












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