IMPORTANT POINT
The principle that bail is the rule and jail is the exception was upheld, emphasizing the need for judicial discretion based on the specifics of each case.

JUDGMENT :

Kuldeep Tiwari, J.

The amenability of all these petitions for being decided through a common verdict originates from them being arising out of a common FIR, besides common relief(s) being yearned therein.

2. To be precise, in all these petitions, the petitioners seek the relief of them being enlarged on regular bail, in FIR No.08 dated 06.01.2023, under Sections 406/420/370/386/364-A/120-B of the IPC, and, Section 13 of the Punjab Travel Professionals (Regulation) Act, 2014, registered at P.S. Sadar Kharar, District S.A.S. Nagar.

GIST OF THE FIR

3. The genesis of the present FIR is embodied in a complaint made by one Gurpreet Singh son of Manjit Singh (hereinafter referred to as the ‘complainant’). Notably, the complainant has now been transposed as an accused by order of the learned trial Court concerned.

4. Succinctly stated, the allegations levelled in the complaint (supra) are that, the petitioners and their co-accused cheated innocent persons to the tune of crores of rupees, on the pretext of sending them abroad. For ready reference, the relevant extract of the complaint (supra), as reproduced in the present FIR, is extracted hereunder:-

“...Subject: complaint against Baldish alias Disho, his son Raman, Karan and Gurpreet Singh, present office 404, Bajwa, Sunny Enclave, Sector-125, Kharar, District SAS. Nagar (Mohali), Me No: 8283844477, 9877066228 and Sahib Mobile No: +1 (330) 587- 5151 Karan, +17058090749 Jasbir, Hukum Singh Aartia, Munish Samli for defrauding the relatives of the applicant in the name of sending them abroad and committed a fraud of about 2 crores with the applicant. Kindly investigate the matter from Gazetted Rank officer. Sir, It is humbly requested that the office of above said persons is at Sunny Enclave, who approached me and offered me to work with them. I was assured by them that we have already sent many people to Canada, UK through the shipping company. etc. to the countries and we also take the amount after the visa is issued and when the person reaches there. Trusting their words, I sent my relatives Jobanpal Singh (UK). Malkit Singh (Canada) Samsher Singh, Sukhpreet Singh, Davinder, Parminder, Gurwinder (Mexico) and gave passports to send them and Rs 18 lakh from Jobanpal and Rs 28 lakh from Malkit Singh Samsher Singh, Sukhpreet, Davinder, Parminder Gurwinder Rs 30 lakh were given per person. That the above accused told me on date 03/05/2022 that we sent the photograph of the said Jobanpal that the immigration of Jobanpal has been cleared and he will reach the UK by Air India flight at 12.30 the next day and the made a call to us through the internet from UK that Jobanpal has arrived safely and also showed the fake boarding pass and said that you should give me the fixed amount of 18 lakh rupees. On trusting them, I gave Rs.18 Lakh to the above said accused persons in my ofice, the proof of which I have. That after this, just like before, the above accused made Malkit Singh’s flight to Canada by getting a fake boarding pass and fake stepping and sent us a photo and sent us a fake location of Canada and told us that Malkit Singh reached Canada and I gave Rupees 28 lakh cash to the above accused at More Showroom, Opposite Nijjar Chowk, Sunny Enclave, Kharar on 13/05/2022 time 8:15 pm on Sunday and it is also mentioned here that they threatened Malkit Singh and called his relatives at the gun point that Malkit Singh had reached safely and asked his relatives to contact me, on which his relatives contacted me and told me that you have sent Malkit Singh abroad, now sent us also. That after this the above accused first sent Samsher Singh, Sukhpreet Singh, Davinder, Parminder, Gurvinder (Mexico) them to Indonesia and called me and said we have sent them from Indonesia to Mexico through a shipping company. They have reached there and sent me with a fake location and entry stamp and I gave the above accused persons Rs.30 lakhs per person, Samsher Singh’s Rs.30,00,000/- in cash Moran Showroom, Fro