High Court of Punjab and HaryanaCRM-M/9678/2020allowed

Kamaljeet Kaur v. State Of Punjab

2020-05-08Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-9678-2020 Decided on : 08.05.2020 Kamaljit Kaur . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. H.S. Deol, Advocate for the petitioner(s).

Ms. Bhavna Gupta, DAG, Punjab assisted by ASI Pardeep Kumar.

**** MANJARI NEHRU KAUL , J.

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 053, dated 07.04.2019, under Sections 406, 420, 465, 467, 468, 471, 120-B of IPC, registered at Police Station Urban Estate, Patiala.

Learned counsel for the petitioner has inter alia submitted that the petitioner, who is a lady has been behind bars for almost 05 months. Further, a perusal of the FIR in question clearly reveals that no specific allegations have been levelled against her. It is thus very evident that she has been arrayed as an accused only because she happened to be the wife of the main accused - Navjot Singh. It has been further contended that she is confined in the Central Jail, Patiala, where one COVID-19 positive case too has been found. Hence, she be granted the concession of regular bail due to the prevailing outbreak of COVID-19 and also because the trial is unlikely to conclude in the near future.

Learned State counsel on the other hand has opposed the prayer for grant of regular bail to the petitioner. However, she has been unable to JAWALA RAM 2020.05.08 15:31 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-9678-2020 - 2 - controvert the submissions made by learned counsel for the petitioner that no specific role has been attributed to her in the FIR in question. Heard.

Having considered the submissions made by either side, the petitioner has been admittedly behind bars for almost 05 months. Hence, no useful purpose would be served in keeping the petitioner behind bars, as the trial would take a considerable time to conclude. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed herein shall not be construed as an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE May 08, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.05.08 15:31 I attest to the accuracy and authenticity of this document Chandigarh