High Court of Punjab and HaryanaCRM-M/49842/2019allowed

Ramanjit Kaur v. State Of Punjab

2020-01-21Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 21.01.2020 Ramanjit Kaur

...Petitioner

Versus

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:- Mr. J.S. Sandhu, Advocate for the petitioner.

Mr. Jagmohan Singh Ghumman, DAG, Punjab.

***** RAJ MOHAN SINGH, J .(Oral) Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.165 dated 05.09.2019, registered under Sections 489-B and 489-C of IPC at Police Station Kotwali, District Bathinda, Punjab.

The FIR was registered on the basis of secret information to the effect that the petitioner was dealing in counterfeit currency and can be apprehended. It was also alleged that the petitioner was purchasing some articles from a shop in the market with those counterfeit notes. A raid was conducted

-2and the petitioner was apprehended. From the possession of the plaintiff, two counterfeit notes of Rs.100/- and 3 notes of Rs.200/- each totally Rs.800/- were recovered from her personal search. On the basis of her disclosure, Jagdish Kumar was also arrested and counterfeit currency notes worth Rs.10,05,400/- along with printer, scanner and packet/copy were recovered.

Offence under Section 489-C IPC is in respect of possession of forged currency notes which is cognizable, bailable and non-compoundable and is triable by Court of Sessions. Offence under Section 489-B IPC would remain debatable. So far as, complicity of the petitioner is concerned, since the raid was conducted on the basis of secret information, therefore, it would also be debatable as to the reasons which were required to be recorded by the Investigating Officer in his ziminies. The petitioner is a lady and is in custody since 05.09.2019.

At this stage, without meaning anything on the merits of the case, it would be just and appropriate to release the petitioner on regular bail.

In view of above, the present petition is allowed and the petitioner is ordered to be enlarged on bail, subject to her

-3furnishing adequate bail bonds/surety bonds to the satisfaction of Chief Judicial Magistrate, Bathinda.

Nothing expressed hereinabove shall be construed to be an opinion on merits of the case.

21.01.2020 ( Raj Mohan Singh ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No