Kulwinder Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: 06.09.2024 Sukhwinder Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Randhir Singh Manhas, Advocate for the petitioner.

Ms. Swati Batra, DAG, Punjab (Through VC).

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 02.05.2023 Vigilance Bureau, FS-1, 409, 420, 465, 466, 468, 471, Punjab at Mohali, 120-B IPC and Sections District SAS Nagar 13(1)(a) & 13(2) of Prevention (Mohali) of Corruption (Amendment) Act 2018 1.

The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

2.

In paragraph 27 of the bail petition, the accused declares that he has no criminal antecedents.

3.

The petitioner's counsel submits that earlier also petitioner was granted anticipatory bail, subject to the condition that he will deposit 50% of the compensation amount by 31.10.2023 and failing which, the bail order shall stand cancelled. Thereafter, time was also extended to deposit the said amount but still the petitioner was unable to arrange the money. However, now the petitioner has arranged the money and prepared the FDR of remaining 50% of the compensation amount, therefore he seeks permission to deposit the same to the trial Court and further prays to grant him anticipatory bail. Counsel further prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

4.

The State opposes the bail.

5.

Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and also the statement made by counsel for the petitioner in para 22 of the petition, the petitioner makes a case for bail. 6.

Given above, provided the petitioner is not required in any other case, the petitioner shall be released on anticipatory bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 7.

While furnishing a personal bond, the petitioner shall mention the following personal identification details:

1.

AADHAR number 2.

Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.

3.

Mobile number (If available) 4.

E-Mail id (If available) 8.

This order is subject to the petitioner's complying with the following terms. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 9.

The petitioner is directed to join the investigation within seven days and as and when called by the Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

10.

Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 11.

A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

12.

As per the undertaking given in para 22 of the petition, petitioner is directed to deposit remaining 50% of compensation amount before the trial Court within one month. 13.

Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 06.09.2024 anju rani Whether speaking/reasoned: Yes Whether reportable:

No.