High Court of Punjab and HaryanaCRM-M/28287/2021allowed

Mindo Bai v. State Of Punjab

2021-07-29Ms. Justice Jaishree Thakur2 pages

PANKAJ KUMAR 2021.07.30 17:27 I am the author of this document CRM-M No.28287 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.28287 of 2021 (O&M) Date of Decision:29.07.2021 (Heard through VC) Mindo Bai

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. K.B. Raheja, Advocate for the petitioner.

Ms. Rashmi Attri, AAG, Punjab.

**** JAISHREE THAKUR, J.

(ORAL) This is the second petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.241 dated 01.12.2020 registered under Sections 384, 389, 420, 506, 120-B IPC at City Fazilka, District Fazilka, who is in custody since 01.12.2020. Learned counsel for the petitioner herein would contend that the petitioner has been falsely implicated in the said FIR. It is argued that the petitioner herein never demanded any money from the complainant. In fact, no role has been attributed to the petitioner. At the most, offence under Section 389 IPC is made out against the petitioner, which is bailable one. Investigation has been completed and the challan stands presented, therefore, custody of the petitioner would no longer be required. Learned counsel appearing on behalf of the respondent-State opposes grant of bail to the petitioner by contending that other cases are also pending against her, however, is not in a position to dispute the fact

CRM-M No.28287 of 2021 (O&M) -2that investigation has been completed and the challan stands presented. I have heard learned counsel for the parties. Keeping in view the fact that the investigation has been completed and the challan stands presented and the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of personal/surety bond of Rs.50,000/- each to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case. If the petitioner is found indulging in any similar activity, the respondent-State would be at liberty to move an appropriate application for cancellation of bail granted to the petitioner. (JAISHREE THAKUR) July 29, 2021 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No