Balwinder Kaur v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-2210-2022 (O&M) Date of Decision:-27.7.2022 Balwinder Kaur ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Vipin Mahajan, Advocate for the petitioner. Mr. A.S. Sandhu, AAG, Punjab.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner seeks grant of anticipatory bail in respect of a case registered against her vide FIR No.90 dated 26.12.2021 at Police Station Ghuman Kalan, District Gurdaspur, Punjab under Sections 420 and 406 of Indian Penal Code.

2.

At the time of issuance of notice of motion, the following order was passed on 19.1.2022:

"The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.90 dated 26.12.2021 at Police Station Ghuman Kalan, District Gurdaspur, Punjab under Sections 420 and 406 of Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case so as to pressurize her son, who is also arrayed as an accused.

PANKAJ KAKKAR 2022.07.27 17:48 I attest to the authenticity and integrity of this document

( 2 ) CRM-M-2210-2022 (O&M) It has been submitted that even if all the allegations as levelled in the FIR are taken to be correct, the amount stated to have been paid by bank transactions has been credited in the bank account of the co-accused and that not a single penny has been credited in the bank account of the petitioner.

Notice of motion for 27.7.2022.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to her furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C."

3.

Learned State counsel, upon instructions from the Investigating Officer, has informed that pursuant to interim directions, the petitioner has since joined investigation and she is not required for any custodial interrogation. Learned State counsel has informed that the petitioner is not involved in any other case.

4.

Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation and she is not stated to be involved in any other case, the petition is accepted and the interim directions issued by this Court vide order dated 19.1.2022 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.

27.7.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2022.07.27 17:48 I attest to the authenticity and integrity of this document