Bala Devi v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-27683-2019 Date of decision: July 09, 2019 Bala Devi ....Petitioner

Versus

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

Present:

Mr. Vikram Singh, Advocate for the petitioner.

Mr. Deepak Grewal, DAG, Haryana.

ARVIND SINGH SANGWAN, J.

Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.1427 dated 1.11.2016 under Sections 409, 420, 467, 468 and 471 IPC registered at Police Station City Panipat, District Panipat.

Counsel for the petitioner submits that before registration of the FIR, no enquiry under Section 53 of the Haryana Panchayat Raj Act was conducted and, therefore, it will be a debatable issue before the trial Court whether the FIR was registered after following a proper procedure. Counsel has further submitted that the challan has been presented before the trial Court and the petitioner is no more required to be kept in custody. He is in custody since 18.4.2019. Learned State counsel, on instructions from ASI Rajinder Singh could not dispute the factual position. SATISH KUMAR 2019.07.09 16:57 I attest to the accuracy and integrity of this document

CRM-M-27683-2019 -2In view of the above, the present petition is allowed and petitioner-Bala Devi is ordered to be released on regular bail, subjected to her furnishing appropriate bail/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate/Illaqa Magistrate, concerned. The petition stands disposed of, accordingly. ( ARVIND SINGH SANGWAN ) July 09, 2019 JUDGE satish Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SATISH KUMAR 2019.07.09 16:57 I attest to the accuracy and integrity of this document