Geeta Kaur v. State Of Punjab

CRM-M No.52375 of 2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.52375 of 2019 (O&M) Decided on: 13.12.2019 Geeta Kaur ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. M.K. Dhot, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.259 dated 02.10.2019, registered under Sections 389, 420, 506 of the of the Indian Penal Code, 1860 (in short 'IPC') at Police Station Lehra, District Sangrur. Counsel for the petitioner has argued that as per the allegations in the FIR, registered at the instance of one Darshan Singh, it is alleged that the petitioner approached him on the pretext of demanding Rs.6 lacs as her husband is in jail and he has kept his diamonds with some person and she wants the same to be released within a period of one week. It is further stated in the FIR that after taking Rs.6 lacs, she again approached and demanded Rs.

3 lacs more, which were given by the complainant to the petitioner. It is also stated in the FIR that after receiving Rs.9 lacs, the complainant in order to duped him started threatening him to implicate him in a rape case and in MOHD YAKUB 2019.12.

CRM-M No.52375 of 2019 (O&M) that process, when the complainant came to the house of the petitioner, she along with her son in conspiracy prepared a video recording by pushing him on a bed and doing obscene acts.

Counsel for the petitioner has also submitted that the petitioner is a lady aged about 32 years and has been falsely implicated as the story of preparing a video recording by the son of the petitioner is yet to be proved.

Counsel for the State, on instructions from HC Narinder Singh, has submitted that even on 18.01.2018, an FIR No.10 under Sections 186 and 353 IPC was registered against the petitioner on a similar complaint given by ASI Harmanjeet Singh in the same Police Station.

Without commenting anything on merits of the case, considering the fact that the petitioner is in judicial custody for the last 01 month and 20 days; she is no more required for custodial interrogation and it will take some time in conclusion of the trial, this petition is allowed and the petitioner is directed to be released on bail subject to her furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case she is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) 13.12.2019 JUDGE yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.12.13 16:25 I attest to the accuracy and authenticity of this document High Court, Chandigarh