Jaswinder Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-41425-2021 Date of Decision:-03.02.2022 JASWINDER KAUR ... Petitioner

Versus

STATE OF PUNJAB ... Respondent *****

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH ***** Present:- Mr. Amit Choudhary, Advocate for the petitioner.

Mr. B.S. Sewak, Addl. A.G. Punjab.

***** KARAMJIT SINGH , J. (Oral) Case has been heard through video conferencing on account of COVID-19 Pandemic.

Prayer is for grant of anticipatory bail in case having FIR No.97 dated 15.09.2021 registered under Sections 495, 496, 419, 420, 403, 380, 120-B IPC at Police Station Makhu, District Ferozepur. The counsel for the petitioner contents that the petitioner who is stated to be mediator in the marriage of complainant-Kulwant Singh and Jaspreet Kaur, is 52 years old lady and has nothing to do with the aforesaid GAURAV SOROT 2022.02.03 14:58 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-41425-2021 marriage, which as per complainant was later on found to be sham marriage. Counsel further contends that the petitioner has joined the investigation in the light of the order dated 4.10.2021 passed by the Co-ordinate Bench of this Court and she cooperated with the police during the investigation. The counsel for the petitioner made further prayer that the aforesaid order of interim bail be made absolute.

The State counsel has refuted the assertions made by the counsel for the petitioner regarding the allegations made in the FIR. The State counsel further submitted that the petitioner and one Karamjeet Kaur took brokerage worth `70,000/- from the complainant for arranging the aforesaid marriage, which was later on found to be sham. However, at the same time the State counsel on the instructions of SI Sukhwinder Singh admitted the fact that the petitioner has joined the investigation with the police and he further stated that the petitioner is not required by the police for any custodial interrogation.

In view of the fact that petitioner is a lady aged about 52 years and she has joined the investigation and is not required by the police for any custodial investigation, the present petition is hereby allowed. The order of interim bail dated 4.10.2021 is hereby made absolute subject to the conditions as envisaged under Section 438 (2) Cr.P.C. ( KARAMJIT SINGH) 03.02.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2022.02.03 14:58 I attest to the accuracy and integrity of this document