Balwinder Kaur v. State Of Punjab

CRM-M-11692-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-11692 of 2017 (O&M) Date of Decision: July 16, 2018 Balwinder Kaur ......PETITIONER(s).

VERSUS

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

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. J.S. Lalli, Advocate for the petitioner (s).

Mr. Ramandeep Sandhu, Sr. D.A.G. Punjab.

Mr. Tajender Joshi, Advocate for the complainant-bank.

******* 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.228 dated 23.12.2016 registered for the offence punishable under Sections 419, 420, 465, 467, 468, 471, 120-B of Indian Penal Code, at Police Station Division No.5, Ludhiana.

Heard.

Learned counsel for the petitioner submits that vide sale deed dated 21.06.2007, plot of 311.11 square yards was sold to the husband of petitioner and as per report of Patwari vendor Mahender Singh was owner of 257 square yard and he executed sale deed of 311.11 square yards. The petitioner being wife of Harjit Singh, bonafidely relied on the sale deed and Sachin Mehta 2018.07.17 17:50 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-11692-2017 -2has not committed any fraud with the bank. Even otherwise, an amount of `12 lakhs, out of `18 lakhs of loan has been paid by husband of the petitioner.

Keeping in view the above facts and that it is the husband, who has undertaken to repay the loan of the bank and that petitioner has relied on the sale deed in favour of her and her husband but without expressing any opinion on the merits of the case, this petition is allowed and order dated 12.04.2017 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 16, 2018 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2018.07.17 17:50 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH