Single judge allowed regular bail to Jagir Kaur and another in a cheating/forgery case under CrPC Section 439, noting lack of allegations and no likelihood of absconding.
Instant application for regular bail allowed. Bail to the satisfaction of CJM/Duty Magistrate, Amritsar.
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 AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 14613 of 2010(O&M)
Date of Decision: July 12, 2010.
Jagir Kaur and another.
...... PETITIONER(s)
Versus
...... RESPONDENT(s)
State of Punjab
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Sandeep S.Majithia, Advocate for the petitioners.
Ms. Bhawna, D.A.G., Punjab.
RAM CHAND GUPTA, J.(Oral)
This is an application for regular bail filed under Section 439 of Cr.P.C. in FIR No. 36 dated 19.02.2010, under Sections 363/366 IPC, registered at Police Station ‘B’ Division, Amritsar.
I have heard learned counsel for the parties and gone through the
record.
It has been argued by the learned counsel for the petitioners that the main accused are Billa and Goga, both brothers and that petitioner No.1 is their mother and petitioner No.2 is wife of their another brother, namely, Sonu. It is further contended that petitioners are having no role to play in this occurrence and that there are no specific allegation against them. It is further
2
CRM No.M-14613 of 2010
contended that petitioners have been continuing in custody since 01.04.2010.
Learned counsel for the State has not disputed these facts. However, it has been stated that girl has not been traced so far. It is further contended that it came during investigation that petitioner No.1 maintained cordial relations with the girl, namely, Aman Kaur.
There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Jagir Kaur and Anju Bala, is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Amritsar.
July 12, 2010. 'om'
( RAM CHAND GUPTA ) JUDGE
2 issues framed by the court
Whether the application for regular bail filed by the petitioners should be allowed.
Whether the petitioners are likely to abscond or dissuade witnesses.
1 provisions across 1 enactments
Jagir Kaur and another
State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
