Rajwant Kaur @ Rajwant Virk v. Niranjan Singh




    
   

   Date of Decision: 29.11.2018 Rajwant Kaur @ Rajwant Virk .....Petitioner versus Naranjan Singh, Assistant Director .....Respondent   !  "# $ %
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'  Present :

Mr. M.S.Sachdeva, Advocate, for the petitioner. Ms. Ranjana Shahi, Senior Panel Counsel, for the respondents. **** &
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()*  Heard learned counsel for the rival parties on the application for grant of regular bail to the petitioner. Petitioner Rajwant Kaur alias Rajwant Virk was arrested on 03.05.2016 and she is in jail since then. It is submitted that trial has now started. The petitioner being a woman would be entitled to the benefit of Section 437 of the Code of Criminal Procedure or the akin principle.

Learned counsel for the Department has opposed the prayer for grant of regular bail to the petitioner. However, we find that the petitioner has already undergone more than 21⁄2 years of imprisonment and the trial has now started. It is not shown to us that there is any apprehension that she would tamper with the prosecution evidence and in our opinion there is no reason to keep the petitioner in jail till the trial is completed. In the absence of any apprehension of tampering with the prosecution evidence, at any rate, the evidence being in the form of documentary evidence, we do not think that such evidence can be tampered with.

RAVINDER SHARMA 2018.12.03 14:54 I attest to the accuracy and integrity of this document

 

+     , In that view of the matter, we grant regular bail to the petitioner subject to furnishing requisite bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate concerned. The petitioner shall surrender her passport with the learned Chief Judicial Magistrate/Duty Magistrate concerned, if she possesses the same.

With these observations, the petition stands disposed of. (KRISHNA MURARI) CHIEF JUSTICE (A.B.CHAUDHARI) 29.11.2018 JUDGE 




Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ RAVINDER SHARMA 2018.12.03 14:54 I attest to the accuracy and integrity of this document