Punjab-Haryana High Court
Pawan vs State Of Haryana And Another on 9 October, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
111-1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-50806-2024
Date of Decision: October 09, 2024
PAWAN ....Petitioner(s)
VERSUS
STATE OF HARYANA AND ANOTHER ....Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. M.K. Panchal, Advocate
for the petitioner.
Mr. Gurmeet Singh, AAG, Haryana.
****
SANDEEP MOUDGIL, J.(ORAL)
1. Relief Sought
The jurisdiction of this Court under Section 482 Bhartiya
Nagrik Suraksha Sanhita, 2023, has been invoked seeking the concession for
the grant of anticipatory bail to the petitioner in FIR No.696 dated
02.09.2024 under Sections 120-B, 420, 467, 468, 471, 406 of IPC registered
at Police Station Shahabad, District Kurukshetra, Haryana.
2. Prosecution story set up in the present case as per the version in
the FIR read as under :-
‘To Superintendent of Police Sir District Kurukshetra.
Subject- Application against1. Sahil Mobile No. 8816005669
son Suresh village Amirpur Bhaini Jind and Suresh himself
Mobile No. 106… 9812912466 and Sahil’s uncle Ashok Mohd.
No. 9050612784 2. agh MoDilb. 9068703799 who is Sahil’ s
SANGEETA cousin3. Amin Mo. 61 485861901 9991181656,
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CRM-M-50806-2024 2971581600675, Irfan Mo. No. 9996059214 residents of village
Matlauta Panipat and Pachan Mo. owner of fake visa issuing
agency Mileston Education and Immigration Service
Chandigarh Sector 8.9056509089 and Anu Mo. Complaint
letter against9115999689. Sir, the request is that Narendra
Singh son of Shri Mahendra Singh is a resident of village
Tangor Tehsil Shahabad Markanda District Kurukshetra. My
son Khushpreet Singh and nephew Babandeep Singh met the
above mentioned person named Sahil on07-01-2023 d that we
also do the work of getting visasand sai, we will get you both a
visa for Australia. Sahil arranged a meeting with his uncle
Dilbagh and we negotiated for getting visas for both of us for
Rs. 42,00,000/- forty lakh rupees. C and Aadhar card etc And
he told us to give our DM. to Pawan, the owner of the
aboveMileston Education and Immigration Service
Chandigarh Sector 8. 2,80,000/- two lakh eighty thousand
rupees 2,80.000/- on different dates, in this way 5,60,000/- five
lakh sixty thousand posited in Sahilrupees were de’ s account
and5,00,000/- five lakh rupees were deposited in Sahil’s
account on23/02/2023 and5,00,000/- five lakh rupees were
deposited in Dilbagh’ s account on06-05-2023 in this way
10,60,000/- rupees were deposited. After this, reet
SinghKhushp’s visa came and the remaining amount
of32,00,000/- thirty two lakh rupees was sent to Dilbagh’s
account. And then Babandeep Singh’s visa also came. In this
way, we have paid a total amount of Rs. 42,00,000/- forty lakh
rupees. When we went to the airport, our visas were checked
there and they told us that we are not eligible for visa. He did
not give it to us and said that your visa is fake and we came
back. That when we returned When I went to the above
mentioned Mileston Education and Immigration Service
Chandigarh Sector 8, there None of our words were heard
and we were told to first go to Karosia and then you can go
from there. When we said that we have given you money to go
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CRM-M-50806-2024 3to Australia and you have got us an Australian visa, when was
checked at the airport the visa, it was found to be fake. Please
return our money to us, we do not want any kind of visa from
you because you are giving us fake visas, so from now on the
staff of Mileston Education and Immigration Service
Chandigarh Sector 8 haved badly with us and told be us to do
whatever you can, we will neither return your money nor will
we get you any visa again. We humbly request you to please
take strict legal action against all the above culprits. bove
culpritsAnd please get our money back from the a. It will be
your great kindness. Thank you. Date Applicant Narendra
Singh son of Shri Mahendra Singh resident of village Tangor
Tehsil Shahabad Markanda District Kurukshetra9728490312,
8059229360 Sd Narendra Singh with s Deputy Superintendent
of Police Shahbad Markanda Jailinvestigation report I Sir, it
is requested to write with respect to the above complaint that,
the above complaint was investigated by the in-charge police
station Shahbad ie. local police. vedInvestigation report was
recei. According to which the complaint was studied.
Statements of complainants were recorded. Statements of
respondents Pawan and Anu Thakur were recorded. On
sending notice under section35(3) BNSS to respondents Sahil,
or joint Dilbagh and Amin in their villages f investigation, the
respondents were found to be absconding from their homes.
Work statement of bank accounts of complainants and
respondents was obtained. On sending notice to respondents
Sahil, Dilbagh, Amin, Ashok and Suresh for ationjoint
investig, it was found from Sarpanch Sahaban that Sahil,
Dilbaghand Amin are not staying at their homes for a long
time. Due to which joint investigation was not done.
According to the statement of Babandeep, the nephew of the
complainant, he investigation of the above complaintrecorded
during t, the nephew of the complainant, Mr. Babandeep
Singh had done the PTE course from Chetan Institute, near
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CRM-M-50806-2024 4New Bus Stand, Kurukshetra from the month of September
2022 to the month of December2022. eDuring the PTE cours,
Babandeep met the respondent Sahil son Suresh resident of
village Amir Pur Maini Police Station Narnaund District Jind
in the month of November2022. Babandeep and Sahil
exchanged mobile numbers between themselves. After two-
four meetings, meet Babandeep Sahil did not. After that on
07.01.2023 the respondent Sahil called Babandeep and talked
to him through WhatsApp call. During the conversation, Sahil
told that he was in Australia. He told that Sahil’s. aunt’s son
Amin was sending young men to AustraliaSahil asked
Babandeep about his wish to send young men to Australia
Babandeep also expressed his wish to go to Australia Sahil
arranged for Amin and Babandeep to talk on a phone
conference call Babandeep talked to his father and the
complainant about abroad. The complainant also made a plan
to send his son Khushpreet to Australia, ie. the complainants
agreed to send Khushpreet and Babandeep abroad to
Australia. The complainants, respondents Sahil and Amin
made a verbal deal for sending Babandeep abroad to
Australia on a tourist visa and later Khushpreet and
converting the tourist visa into a study visa for a total of 42
lakh rupees, including tickets, of Rs. 21 lakh per person. Sahil
asked to deposit Rs2 lakh 80 thousand per person, totaling
Rs5 hlak60 thousand, in Sahil’s account to process the file for
sending Khuspreet and Babandeep abroad. On18.01.2023 ,
the complainant Shri Narendra Singh withdrew Rs 02 lakh80
thousand from his bank account number3283001700506223 of
Punjab National Bank Kalsani and on20.01.2023 the amount
was withdrawn from his nephew Harman’s bank account
number 0 9843000100015302 PNB Jhansa Out of these, Rs. 2
lakh80 thousand and a total of Rs. 5 lakh60 thousand were
deposited in Sahil’ s bank account number50100566048179
HDFC. After that, Sahil asked to deposit Rs. 5 lakh each for
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CRM-M-50806-2024 5both of them, a total of Rs. 10lakh in his bank account as
expenses for getting visa for Khushpreet and Babandeep The
complainants asked the respondent Sahil to introduce them to
their family members. Respondent Sahil called the
complainants to his uncle Dilbagh’s house in Matalauda and
arranged the meeting of the complainants with his uncle
Dilbagh. Dilbagh Singh also assured the complainants broad
to Australia through Sahil that Babandeep and Khushpreet
would be sent a and Amin. After that, in lieu of sending
Babandeep and Khushpreet to Australia, on 23.02.2023, Rs.
05 lakhs were deposited from the account number
3283001700506223 of complainant Shri Narendra Singh in
Punjab National Bank Kalsani to Sahil’s bank account number
50100566048179 HDFC. After that, on the behest of Sahil and
Amin, Babandeep and Khushpreet called on the mobile
number of respondent Pawan and when Pawan sent the
location, they gave their passports, Aadhaar card, PAN card,
etc. to Pawan at Milestone Education and Immigration
Service, SCO No. 161-162 Sec-08 C Chandigarh. Where
Pawan took the documents after asking respondent Anu
Thakur. complainants Khushpreet and Respondent Pawan
took the documents from the Babandeep was assured that his
visa would come in a month. On19.04.2023 Sahil WhatsApped
my one-year tourist visa to Khushpreet. Sahil and Amin called
Babandeep and told him that they had sent Khushpreet’s visa.
p When Babandee and Khushpreet asked Sahil and Amin the
reason for the one-year visa, both said that there must have
been a clerical mistake in the file. They will arrange for a two-
year visa. Sahil and Amin said that they should make
arrangements to pay the untbalance amo. Amin sent his father
Dilbagh’ s bank account number 50200080068999 HDFC to
the complainants on WhatsApp for making the payment. In
lieu of sending Khushpreet and Babandeep to Australia, the
complainants sent a visa to Smt. Satnam Kaur on20.04.2023.
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CRM-M-50806-2024 6
ccount numberA 050100610782231 HDFC,Rs 10 lakh in
respondent Dilbagh’s bank account number 50200080068999
HDFC and Harman’s bank account
number9843000100015302 PNB Jhansa 05 lakh rupees from
Dilbagh’s UCO Bank account number30080210000878 and
on28.04.2023 Sahil sent a two-year Durist Visa of the bank to
Babandeep on WhatsApp. The complainants transferred05
lakh rupees from the account number 3283001700506223 of
complainant Shri Narendra Singh in Punjab National Bank
Kalsani and Rs9843000100015302 armanin H’s bank account
number9843000100015302 PNB Jhansa Out of this, Rs5 lakh
was deposited in Dilbagh’s bank account
number50200080068999 HDFC and on 08.05.2023 in
Harman’s bank account number9843000100015302 PNB
Jhansa 05 lakh rupees and on09.05.202 4, 01 lakh40 thousand
rupees were deposited from Harwarjit’ s PNB account
number3283000100478178 to Dilbagh’ s HDFC bank account
number50200080068999. After that, Pawan above
WhatsApped Babandeep’s two-year tourist visa from his
mobile to Babandeep’iles mob. After that, the complainants
came to know that Amin and Sahil The videos sent by
Khuspreet and Babandeep on the mobile phones of Khuspreet
and Babandeep are fake. The complainants went to the office
nd Pawanof Milestone in Chandigarh and spoke to Anu
Thakur a. Anu Thakur told the complainants that Pawan is
our servant. Your visa is genuine. Babandeep and Khuspreet
has booked tickets on his own to travel to Australia on
07.05.2024 On arrival of Khushpreet and Babandeep at Indira
Gandhi Airport, the migration department peopleim
Khushpreet’s seeds were declared fake. The complainants had
sent the seeds of Khushpreet and Babandeep to Delhi
Immigration The visas were found to be fake even after being
checked at the office. ondent MrsAs per the statement of the
resp. Anu Thakur, the immigration work was being done in the
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CRM-M-50806-2024 7
name of Mile Stone Education and Immigration Services
Private Limited. I am working in SCO-116-117 Top Floor,
SecO-08 B, Chandigarh for last10-11 years. Earlier my office
address Owas SC 161-162 Sec-08 Chandigarh. In this work
my Partner Suman daughter of Jaswinder Singh resident
Anand Nagar, Street No. 0-12, Behind Amrit Palace, Faridkot,
District Faridkot Punjab. We also have Pawan son of Azad
Singh resident H.No.- 395, Rohtak Amex City He has been
working as a counsellor for the last two and a half years.
On23.01.2023, he was present in my office A call to mobile
number9056509089 from mobile number61485861901 ( from
Australian mobile) The call came from our website. attended
Pawan above that call. During the call, the caller Ayush made
an inquiry about Australia’s transit/visit visa. Ayush told
Pawan that I have two candidates for whom you have to get
Australia’s transit/visit visa. Pawan discussed the matter with
me. We asked or passportsf, photos, qualification documents
of both those candidates Khushpreet and Babandeep Singh. A
person named Ayush sent the documents from the said
Australian number to our above number. I asked for the
original documents from him. After that, around on
07.02.2024 Khushpreet came outside our office Pawan took
the papers outside the office and asked me if the papers have
arrived and if there is any other query I said there is no other
query. Pawan let Khushpreet go We started the visa process of
Khushpreet and Babandeep. In the month of April, the
Australia transit visa(paper visa) of Khushpreet and
Babandeep arrived, visa no. 2009503856080 for Khushpreet
and visa no. 2009503841930 for Babandeep. We got the visa
fees and visa workdone through our associate Mr. Deep Gill
mobile number9992975267 whose full address or office I do
not know, he only talks on phone. On my request Pawan
WhatsApped the visas of Khushpreet and Babandeep from the
above number to Ayush’s mobile number in the above ntioned
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CRM-M-50806-2024 8
Australian countryme. Khushpreet and Babandeep kept
calling repeatedly on the above mentioned number. We Whats
Apped the copy of Khushpreet and Babandeep’s visas from the
above mentioned company number to Khushpreet’s mobile
number8607368013. We talked to Ayush on the above
mentioned Australian number about taking Rs. 1 lakh70
thousand per person i.e. total Rs. 3 lakh40 thousand for
getting the visas of Khushpreet and Babandeep. I asked Ayush
to pay us Rs. 3.40 lakh I don’t remember the date afterthat. In
the middle of June, Ayush’s father Dilbagh came to our office
to pay Rs. 3.40 lakh for both the above mentioned visas
(Khushpreet and Babandeep’s visa). Dilbagh paid us Rs. 3.
40lakh in our office and took the original visas, passportsand
ments of Khushpreet and Babandeep with himdocu. I or
Suman and Pawan had no direct deal with Khushpreet and
Babandeep. I had made a deal with Ayush alias Amin for Rs.
3. 40lakh only to get Australia transit visas for Babandeep
and Khushpreet I got Australia ransit visas for Khushpreet
and t Babandeep done and gave them to Amin alias Ayush’s
father Dilbagh. I had taken Rs. 3. 40lakh as per the deal. The
deal for Khushpreet and Babandeep’ s tickets, airport
expenses, converting Babandeep and Khushpreet’t visa to
study visa s transi in Australia, etc. was done with Ayush alias
Amin and Sahil. There was no deal with us for Khushpreet and
Babandeep’ s tickets, airport expenses, converting Babandeep
and Khushpreet’s transit visa to study visa in Australia, etc.
getting For the above mentioned visa for Australia, I did not
use my office ID, account, etc.. but got the work done only
through Mr. Deep Gill.Our call, Whatsapp chat with
Khushpreet and Babandeep was only about sending the
documents after getting the visaMy company is registered with
Milestone I have presented a copy of its registration to you.
Our company has 12/13 mobile numbers in its name. Which
are used by the employees of my company. Our company has a
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CRM-M-50806-2024 9
bank account number077172135101 in IDFC Bank, Branch
Sec-08C Chandigarh. My saving account
number10027120642 is in IDFC Bank, Branch Sec-08C
Chandigarh. Both the above visas issued by me or my
company are genuine. You can get them checked anywhere.
We have not committed any fraud. Respondent Pawan
recorded his statement confirming the above statement.
During the investigation of the above complaint, from the
statements recorded and from the study of the bank statements
of the complainants and the respondents, it was found that the
complainants, on the instructions of respondents Sahil,
Aminand Dilbagh,had deposited Rs 42 lakh in the bank
accounts of Sahil and Dilbagh in lieu of sending Khushpreet
and Babandeep abroad to Australia. According to the
statement of Babandeep and Khushpreet, visas of Khushpreet
and Babandeep the sent to them by respondents Pawan and
Sahil on WhatsApp were found to be fake from the airport in
Delhi. The joint investigation could not be conducted as
respondents Amin, Dilbagh and Sahil were not found at their
homes. In the above complaint, the complainant party has
been accused by respondents Sahil, Amin alias Ayush,
Dilbagh Pawan Kumar and Smt. Anu Thakur in collusion with
each other. By sending Khushpreet and Babandeep to
Australia on a tourist visa and later making a deal to convert
it to a study visa, transferring Rs42 lakh to their bank
accounts and giving fake visas to Khushpreet and Babandeep,
prima facie a been found to have been committed cognizable
offence has. During the investigation of the complaint, the
involvement of respondents Suresh and Ashok has not been
revealed yet. To find out the truth about the ability of
respondent Anu Thakur’s Mile Stone Company to issue visa,
whether the visa is genuine or fake, against the respondents
Sahil son Suresh resident village Amirpur Bhaini, Narnaund,
District Hisar, Amin son Dilbagh, Dilbagh residents Matloda
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CRM-M-50806-2024 10
near bus stand Matloda, District Panipat, Anu Thakur wife of
sh Kumar resident village HaroliShri Hari, Police Station
Haroli District Una, Himachal Pradesh, currently tenant
house no. 3149 no. 0-28 D Chandigarh and Shri Pawan
Kumar son Shri Azad Singh resident flat no. 0-395, Omaxe
City, Rohtak, currently tenant H.N. 24 ot0-18 A
Chandigarh(the incident took place before the implementation
of the new law till07.05.2024 (on the original complaint of the
complainant under sections 406, 420, 467, 468, There is a
need to conduct investigation by registering charges under
Section 471, 120- V.I.C. Therefore, the report is sent to
service for order to register the charge along with the original
complaint, original statements and the records obtained
during the investigation and get it investigated. SD Ram
Kumar( Ram Kumar HPS) Deputy Superintendent of Police,
Shahabad Hon’ ble Date 16.08.2024 Today Police Station: On
receipt of the above application numbered along with
investigation report from Deputy Superintendent of Police ice
Kurukshetra in the police Shahbad Bajaria Post Office
Superintendent of Pol station, case no. 696 dated 01.09.2024
Section406, 420, 467,468, 471, 120 B IPC Police Station
Shahbad registered and the copy along with original
application number along with investigation report will be
handed over toSI Pradeep Kumar135A for further
investigation, who is out of the area police station in the
ongoing diary in connection with other cases. Computerized
copies of the special report of the case are being sent to the
service of BajariaE-MAIL Officer Bala. The record was
entered lawfully. FIR was registered in the presence ofSI
Gurmindra Singh10/ A of Shahbad police station.
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CRM-M-50806-2024 11
3. Contentions
On behalf of the petitioner
Learned counsel for the petitioner submits that no recovery has
been effected from the petitioner pursuant to joining his investigation after
receiving notice under Section 35(3) BNSS from the police officer and has
already submitted all the relevant documents which were available with him
relating to the present FIR.
On behalf of the State
Learned State Counsel appearing on advance notice on
instructions from SI Pardeep opposes the prayer for grant of anticipatory bail
but is not in a position to controvert the submissions made on behalf of the
petitioner.
4. Analysis
Nothing is cited for effecting recovery from the present petitioner
for which his custodial interrogation can be sought.
5. Decision
Hence, in view of the admitted set of circumstances before this
Court, the petitioner is hereby directed to be released on anticipatory bail
subject to his joining investigation and reporting to the Investigating Officer
concerned within a period of one week from today, upon furnishing of
personal/surety bonds to the satisfaction of Arresting/Investigating Officer.
The petitioner shall also abide by the terms and conditions as envisaged
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CRM-M-50806-2024 12
under Section 482(2) of BNSS of which are reproduced below :-
‘When the High Court or the Court of Session makes a direction
under sub-section (1), it may include such conditions in such
directions in the light of the facts of the particular case, as it
may think fit, including-
(i) a condition that the person shall make himself available for
interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly,
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the
previous permission of the Court;
(iv) such other condition as may be imposed under sub-section
(3) of section 480, as if the bail were granted under that
section.’However, it is made clear that in case the petitioner does not
comply with the aforesaid direction of joining the investigation within one
week, the order passed by this Court today shall automatically, stand
cancelled.
The petition in the aforesaid terms stand allowed.
(SANDEEP MOUDGIL)
JUDGE
09.10.2024
Sangeeta
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
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