Paramjeet Singh And ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 585 of 2015
1. Paramjeet Singh S/o Raghuveer Singh Aged About 51 years R/o Near Sriram Mandir, H.No. 315, Banbarad Ward No. 13, PO Nandini Mines, PS Nandini, Tehsil Dhamdha, District Durg, Chhattisgarh
2. Jasbir Kaur W/o Paramjeet Singh Aged About 48 Years R/o Near Sriram Mandir, H.No. 315, Banbarad Ward No. 13, Po Nandini Mines, Ps Nandini, Tehsil Dhamdha, District Durg, Chhattisgarh ---- Applicants
Versus
State Of Chhattisgarh Through: SHO, PS - Durg, District Durg, Chhattisgarh ---- Respondent Shri Raja Sharma, counsel for the applicant/s. Shri Satish Gupta, Govt. Adv. for the State.
Shri P.R. Patankar, counsel for the objector. Order On Board 03/08/2015 1.
After arguing for sometime, learned counsel for the applicant seeks to withdraw the application of applicant No.1 - Paramjeet Singh with liberty to apply for grant of regular bail. He prays that the Court below may be directed to consider his regular bail application as early as possible. 2.
In view of above, the application of Paramjeet Singh is dismissed as withdrawn with the liberty as prayed for.
In case, regular bail application is moved by applicant No.1, the same shall be considered and decided by the Court below as early as possible. 3.
Applicant No.2- Jasbir Kaur is apprehending her arrest in connection with Crime No.518/13 registered at police station - Durg, Distt. - Durg, CG for alleged commission of offence under Section 418, 419, 420, 467, 468, 471 & 120B of IPC. 4.
Case of the prosecution is that the co-accused - Paramjeet Singh purchased a land owned by Ajit Dikshit under a sale deed in which Subrat Chakravarthy impersonated as Ajit Dikshit while selling the land to Paramjeet. The
allegation against Jasbir Kaur is that later on, Paramjeet sold a part of that land to her.
5.
Learned counsel for the applicant submits that as far as applicant - Jasbir is concerned, she is not alleged to have played any role in execution of sale deed in respect of the land of Ajit Dikshit in favour of Paramjeet under fictitious sale deed executed by Subrat. He submits that the applicant is a house wife. Her husbandParamjeet has transferred a part of his land to her. Therefore, the applicant, who is a lady, may be granted bail.
6.
On the other hand, learned State counsel and counsel for the objector submit that as the land of Ajit Dikshit is alleged to have been purchased by Paramjeet under a fictitious sale deed and later on, a part of that land was transferred to his wife - Jasbir Kaur, therefore, the present applicant is also involved in the alleged offence.
7.
Taking into consideration the submission of learned counsel for the parties, particularly the submission that as far as Jasbir is concerned, no specific role is alleged to have been played by her in the alleged fraudulent transaction between Subrat and Paramjeet and she is involved only on the ground that her husband transferred a part of the land to her name in a subsequent sale deed and considering that the applicant is a lady and her custodial interrogation is not necessary, I am inclined to grant anticipatory bail to her. Accordingly, the application of Jasbir Kaur is allowed. It is directed that in the event of arrest of the applicant-Jasbir Kaur in connection with the aforesaid offence, she shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the arresting officer and she shall abide by all the following terms and conditions - (i) that the applicant shall make herself available for interrogation by a Police Officer as and when required;
(ii) that she 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 her from disclosing such facts to the Court or to any Police Officer.
Certified copy as per rules.
Sd/- Manindra Mohan Shrivastava Judge Deepti