High Court of Punjab and HaryanaCRM-M/31944/2018allowed

Murti Devi v. State Of Haryana

2018-08-03Mr. Justice Augustine George Masih2 pages

CRM-M-31944 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-31944 of 2018 Date of Decision: 03.08.2018 Murti Devi ....Petitioner

VERSUS

State of Haryana ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Vipan Kumar Sharma , Advocate for the petitioner.

Mr. Amrik Narwal, DAG, Haryana.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.54 dated 21.02.2017 registered for offences punishable under Sections 406/420 of Indian Penal Code (for short, "IPC") at Police Station Ambala Cantt, District Ambala.

Heard.

Learned State counsel submits that petitioner is Director of M/s Legend Infratech India Ltd. and M/s Legend Infratech Producer Company Ltd., which called for the investment from public with the promise to pay interest at the higher rate than banking institutions. Thousands of people invested their money with these companies but petitioner and other Directors of companies have neither paid interest nor the principal. Learned counsel for the petitioner submits that petitioner is an illiterate lady, who has been got implicated in this case at the behest of her son, who himself was looking after companies and has made the petitioner JITENDER KUMAR 2018.08.03 17:43 I attest to the accuracy and integrity of this document Chandigarh as Director. Even after her arrest, trial has not proceeded further as other

CRM-M-31944 of 2018 -2accused are yet to be arrested. He further submits that police has also filed challan for offence punishable under Section 120-B IPC but this section was not mentioned in the FIR and prays that petitioner may also be allowed bail under Section 120-B IPC.

Without expressing any opinion on merits of the case but keeping in view the fact that challan against the petitioner has been filed; other five accused named in the FIR are yet to be arrested; and conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Murti Devi is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of her absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel her bail bond and surety bond and proceed to procure her presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) She shall not leave the country without the previous permission of the Court.

The bail allowed to petitioner will also be deemed as having been allowed for offence punishable under Section 120-B IPC. Registry is also directed to mention Section 120-B IPC in headnote and prayer clause of petition.

August 03, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No JITENDER KUMAR 2018.08.03 17:43 I attest to the accuracy and integrity of this document Chandigarh Whether reportable Yes/No