Manpreet Kaur v. State Of Haryana

CRM-M No.24815 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.24815 of 2019 Decided on: 18.10.2019 Manpreet Kaur ....Petitioner

Versus

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

Ms. Kiran Bala Jain, Advocate for the petitioner. Mr. Deepak Grewal, DAG, Haryana.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.205 dated 21.06.2018, for offence punishable under Sections 406, 420, 120-B of the Indian Penal Code (in short 'IPC') registered at Police Station Ambala City, District Ambala.

Counsel for the petitioner has submitted that as per the allegations in the FIR, the petitioner was managing the committees in the market and has embezzled huge amount. It is further submitted that the offences are triable by the Court of Magistrate and the petitioner is in custody since 21.06.2018. It is further submitted that the challan stands presented and charges were framed against the petitioner on 19.09.2018 and thereafter, the case was fixed for 03.10.2018 for prosecution evidence. It is further submitted that again, when two another co-accused were summoned under Section 319 Cr.P.C., the charges were framed and thereafter, one more accused was arrested and supplementary challan was presented and charge was framed on MOHD YAKUB 2019.10.18 16:45 I attest to the accuracy and integrity of this document High Court, Chandigarh

CRM-M No.24815 of 2019 05.04.2019 and out of 39 prosecution witnesses, only 11 PWs have been examined so far. Counsel for the petitioner has, thus, submitted that the petitioner being a lady is entitled to bail under Section 437(6) Cr.P.C.

Counsel for the State, on instructions from the Investigating Officer, has not disputed the factual position but opposed the prayer for bail. It is further submitted that only 11 PWs have been examined so far and the petitioner is in custody since 21.06.2018 and the case is still at the stage of recording the evidence of the prosecution witnesses.

Without commenting anything on merits of the case, considering the fact that the petitioner is in custody for the last 01 year and 03 months; she is not involved in any other case; she is a lady and the co-accused of the petitioner namely Rupinder Singh has already been granted the concession of regular bail by this Court vide order dated 27.03.2019 passed in CRM-M No.31424 of 2018, this petition is allowed and the petitioner is directed to be released on regular bail subject to her furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found involved misusing the concession of bail, in any manner.

(ARVIND SINGH SANGWAN) JUDGE 18.10.2019 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.10.18 16:45 I attest to the accuracy and integrity of this document High Court, Chandigarh