Parwinder Kaur v. State Of Punjab

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-45939 of 2018 .....

Date of decision:2.11.2018 Parwinder Kaur .....Petitioner v.

State of Punjab .....Respondent ....

Present:

Ms. Simsi Dhir Malhotra, Advocate for the petitioner. Mr. Pawan Sharda, Senior Deputy Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

The petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.96 dated 5.9.2018 registered for the offence under Section 8 of the Prevention of Corruption Act, 1988. Notice of motion has been issued in this case. Mr. Pawan Sharda, learned Senior Deputy Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. The FIR in the present case has been got registered by Smt. Seema. As per the allegations, Akash Sharma alias Petha along with one lady, namely, Parwinder Kaur (present petitioner) told the complainant that they would get both the boys freed from the Police custody because they HARPAL SINGH PARMAR 2018.11.03 13:06 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-45939 of 2018 [2] have sufficient influence with the Police and settled the matter for `50,000/- which was paid later on. They also said that the money is less and asked for more money.

Learned counsel for the petitioner submitted that this occurrence is stated to be of 9.8.2018 and there was news in the newspaper on 28.8.2018 whereas the name of one other lady was written as Kamlesh and not the present petitioner. This FIR was registered after 7 days of the publication of the news and the present petitioner was named. The petitioner has already joined the investigation. She is not required for custodial interrogation. No useful purpose will be served by sending the petitioner to custody.

Keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I find merit in this petition and the same is allowed. The interim order dated 16.10.2018 passed by this Court granting interim bail to the petitioner is made absolute. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C. November 2, 2018.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No HARPAL SINGH PARMAR 2018.11.03 13:06 I attest to the accuracy and authenticity of this document Chandigarh