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High Court of Punjab and HaryanaCRM-M/6868/2019allowed

Sandeep Kaur v. State Of Punjab

2019-04-30Mr. Justice Arvind Singh Sangwan3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Decided on: 30.04.2019 Sandeep Kaur ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Kanwaljit Singh, Sr. Advocate with Mr. Gautam Sehgal, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.06 dated 19.10.2016 under Sections 406, 420, 467, 468, 471, 120-B IPC and Sections 4 and 5 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978, registered at Police Station State Crimes, SAS Nagar.

The operative part of the order dated 22.02.2019, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned senior counsel for the petitioner submits that as per the FIR, the allegations are against main accused Jagjit Singh, who is M.D. of M/s Crown Company and some other companies and he has defrauded and cheated many innocent persons of the area by taking their hard-earned money on the pretext of giving huge returns. The petitioner is a member of Board of

Society and an associate of main accused Jagjit Singh, who was granted anticipatory bail by this Court, however, later on, he jumped the bail and was declared a proclaimed offender.

Learned senior counsel relies upon the order dated 15.10.2018 passed in CRM-M-30322-2018 and CRM-M30378-2018, vide which regular bail was granted to coaccused Harvinder Singh @ Kaka and Ram Singh Sidhu. It is further submitted that though the FIR pertains to the year 2016, however, in the intervening period, no evidence was collected by the police against the petitioner and in the trial, which is being faced by other accused, certain prosecution witnesses have already been examined. Learned senior counsel further submits that the petitioner was granted regular bail in a similar FIR No.225 dated 07.09.2015, registered at Police Station City Barnala. Notice of motion for 01.04.2019...."

Thereafter, on 18.03.2019, on an application moved by the petitioner, she was granted exemption from depositing the aforesaid amount, considering the fact that she is a divorcee, her father had died and her own family has disowned her and financially, she is not in a position to deposit the aforesaid amount.

Learned Senior counsel for the petitioner submits that the petitioner has appeared before the Investigating Officer and has joined the investigation.

Counsel for the State, on instructions from the Investigating Officer, has not disputed the aforesaid fact and submits that the petitioner is no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 22.02.2019 is

made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 30.04.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No