The High Court granted pre-arrest bail to the petitioner in a case involving misuse of an ATM card. The court allowed bail subject to appearance requirements and directed the release of the deposited sum to the complainant pending final adjudication.
Petitioner granted pre-arrest bail; deposited sum to be released to complainant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 2603 of 2009
DATE OF DECISION : 18.3.2009
Tarwinder Kaur @ Talwinder Kaur
......PETITIONER
VERSUS
State of Punjab
......RESPONDENTS
PRESENT: Mr. Sandeep Arora, Advocate Mr. PS Sidhu, Addl.A.G.Punjab Mr.Yogesh Goel, Advocate.
M.M.S.BEDI,J.
The petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Yog Raj alleging that his ATM card , after having been lost, was misused by the petitioner. The petitioner, pursuant to the interim orders passed by this court on 13.2.2009, has deposited a sum of Rs.2,54,450/- with the Registrar (Judicial).
Learned counsel for the complainant has opposed the petition for pre-arrest bail.
Learned State counsel informs that the petitioner has joined the investigation. Since the petitioner is a female and has already deposited the alleged amount withdrawn by her with the Registrar (Judicial) and has got no objection in case the amount is released to the complainant,namely, Yog Raj or Kanta Rani, who are present in court, without prejudice to her rights to recover the same in case, at any stage, it is established that the complainant is not entitled to the said amount. Taking into consideration the totality of the circumstances, the petition is allowed and it is ordered that in case of arrest of the petitioner, she will be admitted to bail to the satisfaction of the arresting officer subject to the condition that she will appear before the investigating officer as and when required by the police and will not tamper with evidence or hamper the investigation at any stage. The sum of Rs.2,54,450/- deposited with the Registrar (Judicial) will be released to the complainant, as agreed by the petitioner, without prejudice to the rights of the parties, which are to be established subsequently. This order will not, in any manner, hamper the complainant to compromise the matter with the petitioner at any stage.
March 18 ,2009 TSM
1 issue framed by the court
Whether the petitioner should be granted pre-arrest bail after depositing the misused amount and joining the investigation.
Tarwinder Kaur @ Talwinder Kaur
State of Punjab
M.M.S.Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
