Meena Devi v. State Of Haryana

TAPINDER SINGH MANN 2016.03.04 10:39 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr. Misc. M 1511 of 2016 Date of decision: 3.3.2016 Meena Devi Petitioner vs.

State of Haryana Respondent

Present:

Mr. Birender Singh Rana, Sr. Advocate with Mr. Gagandeep Rana, Advocate.

Mr. CS Bakshi, Addl.A.G. Hry Mr. Harkesh Manuja, Advocate.

M.M.S.BEDI,J.

The petitioner is a lady, who has connived with Shashipal, the main accused, in a case, which has been registered at the instance of Amit alleging that the petitioner along with her co-accused Shashipal and others had entered into an agreement of sale of land 5 kanal 17 marlas. As he could not honour the said agreement of sale in time, fixed for execution of the sale deed,Shashipal got executed an agreement to sell of the land by producing some other person representing him as Satbir Singh (original owner of the land) and got delivered a sum of Rs.26 lacs to the person impersonating as Satbir Singh. So far as the petitioner is concerned, she is a lady, who is alleged to have connived with the main accused. Counsel for the complainant has intervened to oppose the petition for pre-arrest bail contending that the amount of Rs.

26 lacs received by Shashipal has been used by the petitioner for purchasing land. After hearing counsel for the parties, I am of the opinion that it does not appear to be a case of custodial interrogation qua the petitioner, who happens to be a lady and has joined the investigation. Her culpability and connivance with the co-accused will be a debatable issue during the course of trial.

The petition is allowed. Interim order dated 18.1.2016 is hereby made absolute subject to all the conditions u/s 438(2) Cr.P.C. The petitioner will not leave India without the permission of the court. March 3 ,2016 ( M.M.S.BEDI ) TSM JUDGE