Manpreet Kaur v. State Of Punjab

CRM-M-10925-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-10925 of 2017 (O&M) Date of Decision: July 11, 2017 Manpreet Kaur ......PETITIONER(s).

VERSUS

State of Punjab ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr.Joban Singh, Advocate for the petitioner (s).

Ms. Rajni Gupta, Senior D.A.G., Punjab.

Mr. Sunil Chadha, Senior Advocate with Ms. Swati Verma, Advocate for complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No.22 dated 01.03.2017 registered for the offences punishable under Sections 420, 406, 467, 468, 471 read with Section 120-B of Indian Penal Code, at Police Station Koom Kalan, Ludhiana. Heard.

Learned State counsel submits that petitioner has since joined the investigation but the police after investigation has sought legal opinion as to whether cancellation report is to be prepared in this case. Learned counsel for the complainant submits that main accused Talwinder Singh had also moved application seeking pre-arrest bail, which was dismissed as withdrawn vide order dated 21.04.2017 passed in CRMSachin Mehta 2017.07.11 17:43 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-10925-2017 -2M-12568 of 2017. Complainant has also filed a petition bearing CRM-M16696 of 2017 seeking fair investigation in the FIR in this case as the Commissioner of Police, Ludhiana is threatening him to compromise the matter.

The allegation against the petitioner is that she had assured the complainant that she will not loose anything out of the transaction with her husband and accused named in the FIR.

Keeping in view the fact that petitioner has joined the investigation; her role is subject to the scrutiny by the police and further police has sought legal opinion as to whether cancellation report is to be prepared in this case but without expressing any opinion on the merits of the case, this petition is allowed and the order dated 30.03.2017 is made absolute till the presentation of challan, subject to the following terms:- (i) that the petitioner shall make herself available for interrogation by the police as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against her so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that the petitioner shall not leave India without the prior permission of the Court.

(iv) that the petitioner will seek regular bail on the presentation of challan in Court.

( SURINDER GUPTA ) July 11, 2017 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2017.07.11 17:43 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH