Sharanjit Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Decided on: 08.05.2018 Sharanjit Kaur ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Ms. G.K. Mann, Advocate for the petitioner.

Ms. Samina Dhir, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.119 dated 16.04.2016, for offence punishable under Sections 419, 420, 467, 468, 471 and 120-B of the Indian Penal Code (in short 'IPC'), registered at Police Station Civil Lines, District Amritsar.

Vide order dated 08.12.2017, the petitioner was directed to join investigation, by passing the following order:- "In the present case, the prosecution allegation against the petitioner is that the petitioner obtained a saledeed from Narinder Kaur, who was impersonated before the Sub-Registrar, Amritsar-II, on 27.05.2015. Learned counsel for the petitioner has shown me the photocopy of the original sale-deed which shows the photographs of seller and purchasers. The FIR was lodged because seller was impersonated. This Court has found few cases of impersonation while execution of conveyance deeds, sale-deeds before the SubRegistrar, Amritsar-II like

the present one. It is strange that despite the scrupulous procedure to be followed about identity of the person/seller, the impersonation has taken place in the present case. It is, therefore, necessary to obtain the explanation from the concerned Sub-Registrar, Amritsar-II as to how he failed in the matter in not correctly identifying the concerned parties and why he did not take care to find out the correct person on the basis of photographs and proof of Government documents which are required to be verified.

In that view of the matter, issue notice of motion returnable on 08.02.2018.

State is directed to identify the concerned SubRegistrar, Amritsar-II and filed affidavit on the next date. State is also expected to issue circulars to the SubRegistrar, Amritsar-II in the present case looking to the seriousness of the matter.

In the event of arrest, petitioner shall be released on ad interim anticipatory bail in FIR No.119 dated 16.04.2016, registered under Sections 419, 420, 467, 468, 471, 120-B of Indian Penal Code, 1860, at Police Station Civil Lines, District Amritsar, on furnishing of her bail bonds amounting to `10,000/- with one surety of like amount to the satisfaction of the arresting officer, till the next date of hearing. Petitioner is directed to join the investigation as and when required and fully cooperate with the Investigating/Arresting Officer. Petitioner shall abide by the conditions envisaged under Section 438(2) of the Code of Criminal Procedure, 1973.

A photocopy of this order be given to the learned State counsel under the signatures of the Bench Secretary."

Thereafter, the affidavit of the Assistant Commissioner of Police, North, Amritsar City was filed on 08.02.2018, highlighting the

steps taken by the authorities in compliance to the aforesaid order and it was stated that the petitioner has not joined the investigation in the present FIR. Thereafter, the case was again adjourned for today and it was clearly observed in the order dated 06.03.2018, that in case the petitioner fail to appear before the Investigating Officer, the interim bail granted to her shall stand vacated on the next date of hearing. Counsel for the State, on instructions from ASI Chander Mohan, has again submitted that the petitioner has not joined the investigation despite availing 02 opportunities. In view of the above, no ground for grant of anticipatory bail to the petitioner is made out.

Dismissed.

(ARVIND SINGH SANGWAN) JUDGE 08.05.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No