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High Court of Punjab and HaryanaCRM-M/15920/2019allowed

Kamlesh Devi v. State Of Punjab

2019-09-10Mr. Justice Inderjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-15920 of 2019 Date of Decision: September 10, 2019 Kamlesh Devi

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Abhinav Singh, Advocate for the petitioner.

**** INDERJIT SINGH, J.

Petitioner has filed this second petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.79 dated 08.06.2015 under Sections 420 and 120-B IPC, registered at Police Station Division No.1, District Pathankot.

Notice of motion.

Mr.Prabhjot Singh Walia, Asstt. Advocate General, Punjab, has put in appearance on behalf of the respondent-State and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. The brief facts of the case are that a complaint was filed by Pankaj Saini alleging that he had purchased two shops from the present VINEET GULATI 2019.09.11 16:28 I attest to the accuracy and authenticity of this document Chandigarh petitioner, for which he has given `30 lakhs as earnest money. Those two

CRM No.M-15920 of 2019 -2shops were given by the petitioner on rent and complainant had given `12 lakhs to the tenant for vacating those two shops and he had put locks on the shutter of the shops. The complainant alleged that Kamlesh Devi tried to take possession by breaking the backside wall of those two shops. The petitioner has been in custody since 21.05.2018. She is not required for any investigation or interrogation purposes as she is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the disposal of the case. Keeping in view the facts and circumstances of the present case, in view of the custody period and without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to her furnishing personal/surety bonds in the sum of `30,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.

September 10, 2019 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2019.09.11 16:28 I attest to the accuracy and authenticity of this document Chandigarh