Darshana v. State Of Punjab

CRM-M-19023-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-19023 of 2017 (O&M) Date of Decision: September 12, 2017 Darshana ......PETITIONER(s).

VERSUS

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

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. A.K. Handa, Advocate for the petitioner (s).

Mr. Luvinder Sofat, A.A.G. Punjab.

******* 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.117 dated 07.12.2016 registered for the offences punishable under Sections 420, 467, 468, 471 of Indian Penal Code, at Police Station Majitha, District Amritsar.

Heard.

Learned counsel for the petitioner submits that as per the allegations in the FIR, complainant had a deal with Munshi Ram, husband of petitioner and her son Jagdeep for employment of his son in Army. The allegation against the petitioner is that the payment of `6 lakh was made in February, 2015 to Satpal, his wife, Munshi, petitioner and their son Jagdeep. The petitioner being illiterate lady, had no role in the entire deal. She has Sachin Mehta 2017.09.13 12:40 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-19023-2017 -2been named in the FIR just to exert maximum pressure on the persons with whom the complainant had the deal.

The petitioner has joined the investigation. As per the allegations in the FIR, she was present in February, 2015 when the payment was allegedly made to Satpal and others but was not a party to the alleged deal of complainant with her husband and son. Keeping in view the above facts but without expressing any opinion on the merits of the case, this petition is allowed and the order dated 25.05.2017 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 ) September 12, 2017 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2017.09.13 12:40 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH