Manjit Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-3517 of 2019 (O&M) Date of Decision: March 01, 2019 Manjit Kaur

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Krishan Singh Dadwal, Advocate for the petitioner.

Ms.Monika Jalota, DAG, Punjab for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.256 dated 27.11.2018 under Sections 406, 420 IPC and Section 24 of the Immigration Act, registered at Police Station Model Town, District Hoshiarpur. Notice of motion was issued. Learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. As per allegations, the present petitioner cheated the complainant for `3,50,000/- for sending husband of the complainant to foreign country. Learned counsel for the petitioner argued that a correct VINEET GULATI 2019.03.05 10:43 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-3517 of 2019 -2VISA has been given and there is no allegation regarding any fake VISA. The husband of the complainant is still in foreign country. He further contended that petitioner is employee of a company. Learned counsel for the petitioner also contended that petitioner is unmarried girl. It is also argued that husband of the complainant was sent to Romania whereas learned State counsel argued that he is now in Dubai. Keeping in view the facts and circumstances of the case and without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, I find it a fit case, where the petitioner is entitled to benefit of anticipatory bail. Therefore, the present petition is accepted and the order dated 25.01.2019 granting interim bail to the petitioner, is made absolute.

The petitioner is directed to join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C. It is made clear that if the petitioner does not join the investigation on the written notice of the investigating officer/agency, then State would be at liberty to file the petition for cancellation of the bail.

March 01, 2019 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2019.03.05 10:43 I attest to the accuracy and authenticity of this document Chandigarh