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High Court of Punjab and HaryanaCRM-M/29451/2019allowed

Seema @ Baby v. State Of Haryana

2019-07-19Mr. Justice Manoj Bajaj2 pages

CRM-M-29451-2019 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29451-2019 (O & M) Date of Decision:19.07.2019 Seema @ Baby

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. Aman Pal, Advocate for the petitioner.

Mr. Sukhdeep Parmar, DAG, Haryana.

Mr. Rajesh Bansal, Advocate for the complainant. *** MANOJ BAJAJ, J.

Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.662 dated 13.10.2018, under Sections 420, 467,468, 471 and 120-B IPC, registered at Police Station Samalkha, District Panipat.

Petitioner is a lady and in custody since 30.04.2019, who was indicted in this case on the allegations that she obtained fake ration card and Adhar Card under the name of Seema to make her self eligible for contesting the election for the post of Sarpanch. Learned counsel for the petitioner contends that the investigation of the case is complete and even she stands removed from the post of Sarpanch on the basis of an inquiry. He further contends that the inquiry report has already been challenged by the petitioner. According to him, further custody of the petitioner may not be Sheetal Gawri 2019.07.22 16:57 I attest to the accuracy and integrity of this document Chandigarh justified.

CRM-M-29451-2019 (O & M) -2On the other hand, learned State counsel assisted by ASI Vinod as well as counsel for the complainant have opposed the bail application. However, it is not disputed that the challan stands filed. Considering the above background and the fact that the offences are triable by Magistrate, further detention of the petitioner may not be justified. Therefore, without meaning any expression on the merits of the case, it is ordered that the petitioner be released on regular bail subject to her furnishing requisite bail/surety bonds to the satisfaction of the trial Court concerned.

The petition is allowed.

19.07.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.07.22 16:57 I attest to the accuracy and integrity of this document Chandigarh