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High Court of Punjab and HaryanaCRM-M/30075/2025disposed of

Kamna Kapoor v. State Of Punjab

2025-05-28Mr. Justice H.S. Grewal2 pages

   CRM-M-30075-2025  

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-30075-2025 Date of decision: 28.05.2025 KAMNA KAPOOR .... Petitioner

Versus

STATE OF PUNJAB .... Respondent CORAM: HON'BLE MR. JUSTICE H.S.GREWAL

Present:

Mr. Lovepreet Handa, Advocate, for the petitioner. ---- H.S.GREWAL, J. (ORAL) 1.

The instant petition has been filed under Section 528 of BNSS for setting aside of order dated 30.10.2023 (Annexure P-2) passed by learned Additional Sessions Judge, Ludhiana and order dated 15.07.2023 (Annexure P3) passed by learned Judicial Magistrate Ist Class, Ludhiana whereby the vehicle of the petitioner was directed to be released on furnishing sapurdari/ surety bonds for an amount of Rs.4 lakhs with one surety in the like amount and also to furnish indemnity bonds to the tune of Rs.4 lakhs in case FIR No.83 dated 29.05.2023 under Sections 304-A, 279, 427 IPC registered at Police Station Division No.2, Ludhiana.

2.

Learned counsel for the petitioner states that the market value of the vehicle in question as of today is Rs.2.00 lakhs and the claim case is already pending before the trial Court.

3.

Notice of motion.  Sonia Puri 2025.05.29 17:40 I attest to the accuracy and integrity of this document 

   CRM-M-30075-2025  4.

Mr. Kamalpreet Bawa, DAG, Punjab, accepts notice on behalf of the respondent-State and does not refute the submissions so made by learned counsel for the petitioner.  5.

In view of the aforesaid facts and circumstances and further considering the market value of the vehicle in question, the present petition is partly allowed to the extent that the vehicle in question be released to the petitioner on furnishing of sapurdari /surety bonds in the sum of Rs.4 lakhs only and the impugned orders dated 15.07.2023 (Annexure P-3) and 30.10.2023 (Annexure P-2) are set aside and modified qua the condition of furnishing of indemnity bonds in the sum of Rs.4 lakhs and the said condition is waived of.  (H.S.GREWAL)) JUDGE 28.05.2025 Sonia Puri Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No Sonia Puri 2025.05.29 17:40 I attest to the accuracy and integrity of this document