Rajni Goyal v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-30.08.2022 RAJNI GOYAL ... Petitioner

Versus

STATE OF PUNJAB ... Respondent -.-

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH -.- Present:- Mr. Bipan Ghai, Senior Advocate with Mr. Rishab Singla, Advocate for the petitioner.

Mr. Chaman Lal Pawar, Addl. A.G. Punjab.

-.- KARAMJIT SINGH , J. (Oral) The petitioner has approached this Court seeking grant of regular bail in a case having FIR No.134 dated 12.7.2022 registered under Sections 420, 465, 467, 468, 471, 120-B at Police Station Division No.7 District Jalandhar.

Custody certificate furnished by learned State counsel is taken on record.

The counsel for the petitioner submits that the petitioner is a housewife and has studied upto 12th class. The counsel for the petitioner

( 2 ) further submits that the husband of the petitioner was running Guru Nanak Academy and the entire affairs of the said academy were manged by him (husband) only as is evident from Annexure P-2 and Annexure P-4. The counsel for the petitioner further submits that the said academy is being run by the husband in his residential house where he has opened his office. The counsel for the petitioner further submits that it being a residential house, the petitioner was also residing/staying there and on the same basis has been nominated as an accused in the present case.

The counsel for the petitioner further submits that as per the allegations in the FIR, police received secret information and then raided the aforesaid office-cum-residence of the husband of the petitioner and during said raid fake degrees, laptops and printers were recovered from there. The counsel for the petitioner further submits that the petitioner being house wife has nothing to do with the aforesaid fake degrees etc. which are allegedly recovered by the police. The counsel for the petitioner further submits that petitioner was arrested in this case and is presently lodged in judicial custody and the offences are trialable by the Court of Judicial Magistrate Ist Class, so the prayer is made that the petitioner be granted regular bail.

The present petition is contested by the State counsel, who submits that the aforesaid racket of fake degrees was run by Pushkar Goel in connivance with his wife who is the present petitioner. The State counsel has not disputed the fact that both the husband and wife have been arrested and recoveries are also effected and that presently the petitioner is lodged in the judicial custody.

( 3 ) I have considered the submissions made by counsel for the parties.

From the perusal of Annexure P-2, it appears that the aforesaid academy was being run by Pushkar Goel only. As per the counsel for the petitioner, the said academy is being run from a residential house part of which is used as an office. It apparently appears that the aforesaid academy was run by the husband of the petitioner, as the petitioner is just 12th class pass. It is a matter of evidence as to whether the present petitioner was also involved in the aforesaid racket of fake degrees which was primarily run by her husband, who was managing Guru Nanak Academy. Presently the petitioner is lodged in judicial custody and all the offences are triable by the Court of Judicial Magistrate Ist Class and it will take time for the trial to conclude after the challan is presented and charges are framed.

So no purpose is going to be served by prolonging any further the incarceration of the petitioner, who is a lady aged about 30 years. Thus without commenting on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail subject to her furnishing bail and surety bonds to the satisfaction of the trial Court/CJM/Duty Magistrate concerned.

( KARAMJIT SINGH) 30.08.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No