'Flooded With Litigations Where Innocent Families Are Financially Exploited On Promise Of Sending Children Abroad': Punjab & Haryana HC

The Punjab & Haryana High Court rejected bail plea of a man accused of cheating to the tune of Rs.77.89 lakh on the pretext of sending complainants abroad and to procure study visas and work visas.

The Court noted that accused person neither sent the complainants abroad nor did they return the advance money.

Justice Kirti Singh said, "In recent times, the Courts have been flooded with similar litigation where innocent families have been financially exploited on the promise of sending their children abroad. Courts have often flagged the seriousness of such offences due to the financial and emotional harm caused to the families."

These observations were made while hearing the plea under Section 439 CrPC for grant of regular bail to the petitioner in case under Sections 406, 420 & 120-B IPC and Section 13 of the Punjab Travel Professions (Regulation) Act, 2014.

Counsel for the petitioner argued that the students had signed the contract after duly admitting the terms and conditions of the contract and after acknowledging their rights and duties.

It was admitted case of the complainant that she was a student and has enrolled herself for the purposes of completion of the course through online mode and the accused never promised to her vide any offer letter or any other document that she would be sent abroad, added the petitioner.

After hearing the submissions, the Court noted that the petitioner has been specifically named in the in the FIR and there are serious allegations levelled against him that he along with co-accused had cheated the complainants to the tune of Rs.77,89,000 on the pretext of sending them abroad and to procure study visas and work visas for them, however, they neither sent the complainants abroad nor did they return their aforesaid money.

Moreover, the petitioner is a habitual offender and there are various other cases registered against him and there is every likelihood that he would evade the process of law, added the judge.

Consequently, the Court rejected the plea and said that it doesn't deem it appropriate to grant the concession of regular bail to the petitioner.

It is pertinent to note that recently while rejecting a pre-arrest bail plea of a travel agent who were accused of defrauding a man by taking Rs.50 lakhs to process Visa to send his children to Canada for employment, the High Court observed that “Visa thugs are making mockery of public aspirants and needs to be dealt sternly.”

Mr. Abhinav Gupta, Advocate, for the petitioner. Mr. R.S. Thind, DAG, Punjab.

Mr. B.S. Bhalla, Advocate, for the complainant.

Case title: Devinder Singh Gill v. State of Punjab

Citation: 2024 LiveLaw (PH) 360

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