In a petition for pre-arrest bail in a cheating and bigamy case involving the petitioner's son, the High Court found the petitioner an equal participant in the fraud and dismissed the bail application.
Pre-arrest bail to the petitioner dismissed.
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.
CRM-M-18044-2011 (O&M)
-1-
*********
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-18044-2011 (O&M) Date of decision:13.07.2011.
Balbir Kaur ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr. Ranjan Lakhanpal, Advocate, for the petitioner. *****
RAKESH KUMAR JAIN, J.
This is a petition for grant of pre-arrest bail to the petitioner in a case registered vide FIR No.45 dated 05.05.2011, under Sections 420, 376, 494, 495, 506, 406, 341, 120-B of IPC, Police Station Mahilpur, District Hoshiarpur.
The allegations contained in the FIR are that the complainant, while doing the computer course, fell in love with Harvinder Singh (son of the petitioner). It is alleged that on 27.11.2008, Harvinder Singh came along with his maternal uncle and aunt to her house and took her along by marrying her under the ceremony of Chuni and Choora. It is alleged that they consummated marriage on the next day, i.e. on 28.11.2008. On 29.11.2008, she had heard that Harvinder Singh (her husband) was already married with one Lakhvir Kaur and their marriage was also registered. However, he kept her in dark and continued to have sex with her, but ultimately he agreed that he had already been married to Lakhvir Kaur who is living in Australia. Then, he asked her to get her marriage registered with his brother Harpinder Singh who will take her to Australia and after that he will live with her as husband and wife after
CRM-M-18044-2011 (O&M)
-2-
*********
divorcing Lakhvir Kaur. In the meantime, Harvinder Singh (her husband) left for Australia and she was kept hungry in her in-laws' house even during her pregnancy. The petitioner and other co-accused had tried to kill her and gave her severe beatings including kicks in her stomach so that she may suffer abortion. Thereafter, she came to her parental home and started living there and delivered a male child.
Learned counsel for the petitioner has submitted that in the FIR, the role is attributed to the sons of the petitioner and not to the petitioner.
After hearing learned counsel for the petitioner, I am of the view that the petitioner was an equal participant in the entire fraud and cheating, otherwise had she been a genuine person, she would not have allowed her son Harvinder Singh to marry with the complainant during the subsistence of his first marriage with Lakhvir Kaur. This Court is not going to believe that the fact about the first marriage of his son Harvinder Singh with Lakhvir Kaur was not within the knowledge of the petitioner. It is prima facie apparent that everything has been done with her connivance.
In view thereof, I do not find it to be a fit case for grant of prearrest bail to the petitioner and hence, the present petition is hereby dismissed.
(RAKESH KUMAR JAIN) JUDGE
July 13, 2011 vinod*
2 issues framed by the court
Whether the petitioner, as a putative mother-in-law, was a fit case for grant of pre-arrest bail given her alleged role in the fraud.
Whether the petitioner had knowledge of the first marriage of her son and yielded to the fraud perpetuated against the complainant.
1 provisions across 1 enactments
Balbir Kaur
State of Punjab
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
