Allowed

Harjeet Kaur and Ors. v. State of Punjab

Punjab & Haryana HC23 Oct 2013CRM-M/16230/2013

Case brief

AI extract

What is this about?

High Court of Punjab and Haryana accepted an anticipatory bail petition by petitioners in a cheating case. Petitioners joined investigation, and state presented no opposition or risk of absconding. Bank made interim bail absolute.

What did the court decide?

Anticipatory bail application accepted; interim bail order made absolute subject to conditions of Section 438(2) Cr.P.C.

Harjeet Kaur and Ors. Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2013)

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CRM No.M-16230 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 16230 of 2013(O&M) Date of Decision: October 23, 2013.

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Harjeet Kaur and another

...... PETITIONER(s)

Versus

State of Punjab

...... RESPONDENT (s)

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CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mr. Gur Avtar Singh Mann, Advocate, for the petitioners.

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Mrs. Simsi Dhir Malhotra, DAG, Punjab.

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Mr. BD Sharma, Advocate, for the complainant.

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RAM CHAND GUPTA, J.(Oral)

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The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no.18 dated 10.04.2013, under Sections 420/120B IPC, registered at police station Hariana, District Hoshiarpur.

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I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Hoshiarpur dismissing anticipatory bail

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Singh Omkar 2013.10.25 10:40 I attest to the accuracy and integrity of this document High Court, Chandigarh

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CRM No.M-16230 of 2013

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application filed on behalf of the petitioners.

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This Court while issuing notice of motion on 16.05.2013 passed the following order:-

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“Contends that petitioners are owners of the land which was agreed to be sold to complainant. Further submitted that petitioners were always ready and still ready to perform their part of the contract and, however, complainant was not ready to get the sale-deed executed after making payment of the remaining sale consideration and that complainant had also filed a civil suit regarding this transaction and that present FIR was lodged just to pressurize the petitioners who are ladies.

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Notice of motion to Advocate General, Punjab, for 30.7.2013.

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However, in the meantime, petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.”

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It has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said order dated 16.05.2013.

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It has also been stated by learned counsel for the State, on instruction from ASI Akshpal Singh, that petitioners have joined the investigation and that they are no more required for any custodial interrogation. Bail application is not opposed.

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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

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Singh Omkar 2013.10.25 10:40 I attest to the accuracy and integrity of this document High Court, Chandigarh

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CRM No.M-16230 of 2013

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deposing true facts in the Court, if released on bail.

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Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Harjeet Kaur and Akhwinder Kaur is accepted and order dated 16.05.2013 granting interim bail in favour of the petitioners is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C.

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The present petition stands disposed of accordingly.

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October 23, 2013. ‘om’

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Singh Omkar 2013.10.25 10:40 I attest to the accuracy and integrity of this document High Court, Chandigarh

Harjeet Kaur and Ors. v. State of Punjab

Case brief

What is this about?

What did the court decide?

Harjeet Kaur and Ors. v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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