Rekha Sanghi v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 19.09.2024 REKHA ALIAS REKHA SANGHI ....Petitioner

Versus

STATE OF HARYANA

...Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Saksham Parmar, Advocate for the petitioner.

Mr. Apoorv Garg, Sr. DAG, Haryana.

PANKAJ JAIN, J. (ORAL) This petition has been filed under Section 483 BNSS for grant of regular bail to the petitioner in case F.I.R. No.902 dated 05.04.2023 registered for the offences punishable under Sections 120-B, 34, 419, 420, 467, 468, 471 of the Indian Penal Code, 1860 at Police Station Shivaji Nagar, District Gurugram.

2.

Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.

3.

As per the contents of the FIR, it has been alleged as under : "To, SHO PS Shivaji Nagar Subject: for taking custody of a female trying to impersonate a lady named Ritu w/o Pawan Kumar, mentioned in the surety bonds sir, today at about 4.25 pm a lady claiming herself to be Ritu Kumari w/o Pawan Kumar appeared in the court submitting herself to be a surety of accused Kushi

Kushiya whose ball was allowed vide order 03.04.2023. But, during the checking of papers and making of minute enquiry by the presiding officer the lady stated that she has committed a mistake and her actual name is Rekha W/o Late Rajeev (D/o Suresh) R/o village Dhanwapur Railway Crossing bearing mobile no. 9958083584 and an unknown person had asked her to appear in the court to give surety of Kushi @ Kushiya and that person named Sameer left me in this court and went away. Therefore, the temporary custody of female who created a scene in the court despite direction of the court to behave herself, is handed over to female officials, L/HC Nisha and L/CT Kavita. Therefore, this application is forwarded along with surety bonds with photographs of a lady having specs, one copy and original Aadhar card bearing no.

496820682958 of Ritu Kumari, one copy of Jamabandi of year 2020- 2021 (attested on 24.03.2023) of rectangle and Khasra 65//17/2/3/1 (0-3) Khewat no. 42 in the name of Ritu Kumari w/o Pawan Kumar, a statement suffered by this female and attested by presiding officer for taking appropriate legal action against the culprits including the ones who have abetted this offence along with the custody of accused to 10. Sh. ASI Raj Kumar at 5:20 pm. SD Updesh Pandey (Reader of the court of Sh. Anil Kumar Yadav JMFC, Gurugram.) 05-04-23."

4.

The petitioner is guilty of having furnished fake surety by creating fake documents like Aadhar Card etc. and thus conned the Courts. 5.

Counsel for the petitioner submits that the petitioner is behind bars for more than 1 year, 5 months and 6 days. Not only the investigation stands concluded rather the trial has proceeded considerably as 9 out of 12 cited witnesses already stand examined.

6.

I have heard counsel for the parties and have gone through records of the case.

7.

Without commenting on the merits of the case, keeping in view the incarceration already suffered by the petitioner and the fact the petitioner is a 50 year old woman, the present petition is allowed. The petitioner is ordered to be released on bail on her furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. 8.

Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. September 19, 2024 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No