Allowed

Harpreet Kaur v. State of Punjab

Punjab & Haryana HC2 Sept 2014CRM-M/12135/2014

Case brief

AI extract

What is this about?

Petitioner filed a bail petition in a case involving cheating and forgery charges. The court accepted the bail application, noting the petitioner had already spent over a year in custody and the prosecution had only examined one witness despite multiple adjournments. Bail was granted subject to furnishing security.

What did the court decide?

Petitioner ordered to be released on bail during pendency of trial subject to furnishing bail bonds of Rs. 1.00 lac with two sureties.

Harpreet Kaur Vs State of Punjab — Money Laundering | Punjab & Haryana HC (2014)

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Crl.M.No.M-12135 of 2014 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl.M.No.M-12135 of 2014 (O&M) Date of Decision: September 2, 2014

Harpreet Kaur

.....Petitioner

State of Punjab

......Respondent

CORAM: HON'BLE MR.JUSTICE NARESH KUMAR SANGHI

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Present: Mr.B.R.Rana-I, Advocate for the petitioner.

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Mr.Shilesh Gupta, Additional Advocate General, Punjab.

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Mr.Mandeep Kaushik, Advocate for Mr.Sapan Dhir, Advocate for the complainant.

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NARESH KUMAR SANGHI, J.(ORAL)

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Prayer in this petition is for grant of regular bail to the petitioner, Harpreet Kaur, daughter of Tehal Singh, resident of 1061/1, Street No.8, New Dashmesh Nagar, Near Gill Chowk, Ludhiana, who has been booked for having committed the offences punishable under Sections 420, 467, 468, 471 read with Section 120-B, IPC, in a case arising out of FIR No.169, dated 23.06.2013, registered at Police Station, Phillaur, District Jalandhar.

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Learned counsel contends that initially the petitioner

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MEENU 2014.09.03 11:10 I attest to the accuracy and integrity of this document chandigarh

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Crl.M.No.M-12135 of 2014 (O&M) - 2 -

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was arrested on 06.06.2013 in a case arising out of FIR No.110, dated 04.06.2013, registered at Police Station, Jagraon, and during investigation of the said case, she alleged to have suffered disclosure statement with regard to her involvement in the present case and by placing reliance on the said disclosure statement, the petitioner was arrested in the present case on 04.07.2013. After completion of the investigation, charge sheet was presented and the charges were framed on 31.01.2014 and in spite of grant of several dates to the prosecution, it has not been able to lead its entire evidence. He further contends that the petitioner has already suffered incarceration for one year and approximately two months in a case triable by the learned Judicial Magistrate Ist Class. In FIR No.110, dated 04.06.2013, she has already been granted bail by the learned Court below. Learned counsel further contends that the petitioner is an unmarried lady and she is unlikely to run away from the trial.

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Learned counsel for the State, assisted by the learned counsel for the complainant, opposed the grant of bail to the petitioner on the ground that she is involved in other cases arising out of FIR No.110, dated 04.06.2013, registered at Police Station, Jagraon and FIR No.04, dated 18.01.2013, registered at Police Station, City, Malerkotla, therefore, she should not be released on bail in the present case. It has also been contended by the learned counsel for the complainant that she had withdrawn

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MEENU 2014.09.03 11:10 I attest to the accuracy and integrity of this document chandigarh

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Crl.M.No.M-12135 of 2014 (O&M) - 3 -

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`12.00 lacs belonging to the complainant by getting it transferred in the fictitious bank account opened by the petitioner and, as such, the said amount be ordered to be returned by her.

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I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.

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Concededly, in another case arising out of FIR No.110, dated 04.06.2013, registered at Police Station, Jagraon, the petitioner is on bail. Learned counsel for the State as well as the learned counsel for the petitioner are unable to tell about the status of the case arising out of FIR No.04, dated 18.01.2013, registered at Police Station, Malerkotla.

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The petitioner, who is stated to be an unmarried lady of 25 years of age, has already suffered incarceration for one year and approximately two months in the present case which is triable by the learned Judicial Magistrate Ist Class. As per the learned counsel for the State, charges were framed on 31.01.2014 and thereafter six dates were granted to the prosecution to lead its evidence but only one prosecution witness has been examined. It shows that there is non-compliance of Section 437(6), Cr.P.C.. It appears that the trial would still take sufficient long time in view of the time being consumed by the prosecution in leading its evidence. The argument raised by the learned counsel for the complainant for issuing the directions to the petitioner to return

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MEENU 2014.09.03 11:10 I attest to the accuracy and integrity of this document chandigarh

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Crl.M.No.M-12135 of 2014 (O&M)

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the amount of `12.00 lacs cannot be accepted at this stage.

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In view of the totality of the facts and circumstances of the case, the present petition, which is second one moved by the petitioner for grant of bail, is accepted. Petitioner Harpal Kaur, daughter of Tehal Singh, resident of 1061/1, St No.8, New Dashmesh Nagar, Near Gill Chowk, Ludhiana, is ordered to be released on bail during pendency of the trial of the present case subject to her furnishing bail bonds in the sum of `1.00 lac with two sureties of the like amount to the satisfaction of learned trial Court.

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September 2, 2014 meenu

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(NARESH KUMAR SANGHI) JUDGE

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MEENU 2014.09.03 11:10 I attest to the accuracy and integrity of this document chandigarh

Harpreet Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

Harpreet Kaur v. State of Punjab

Case brief

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What did the court decide?

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