Allowed

Kirna Rani v. State of Punjab

Punjab & Haryana HC30 Oct 2023CRM-M/32472/2023

Case brief

AI extract

What is this about?

The High Court granted regular bail to the petitioner, a female accused arrested for impersonation in an educational examination. The Court considered her status as a mother of a 1.5-year-old child on mother's feed, the length of incarceration, and the fact that the offences are triable only by a Magistrate, suggesting a long trial duration.

What did the court decide?

Petitioner ordered released on bail by furnishing bail and surety bonds to the satisfaction of the concerned Chief Judicial Magistrate/trial Court.

Kirna Rani Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2023)

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2023:PHHC:138434

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CRM-M-32472 of 2023

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM-M-32472 of 2023 Date of decision : October 30, 2023

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Kirna Rani ....Petitioner

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Versus

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State of Punjab ....Respondent

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CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

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Present : Mr. Neeraj Madaan, Advocate, for the petitioner

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Mr. Sandeep, Addl. AG Punjab

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KULDEEP TIWARI,J. (ORAL)

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Petitioner Kirna Rani through this first petition under Section 439 Cr.P.C. prays for grant of regular bail in case FIR No. 94 dated 25.5.2023, under Sections 417, 419, 420, 465, 466, 468, 471, 120-B IPC, Police Station, City South Moga.

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The allegations against the petitioner are that she has impersonated herself as Kulwinder Kaur and appeared in D.L.Ed. Examination (First Year) held on 25.5.2023 on her behalf. The FIR was registered on the complaint made by Incharge/Principal, DIET, Moga to SHO, Police Station City Moga-2, wherein, they informed that the present petitioner while impersonating as Kulwinder Kaur had appeared on her behalf in the examination. It is also alleged that present petitioner has pasted her photograph on the identity

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DALBIR SINGH TIWANA 2023.10.31 09:21 I attest to the accuracy and authenticity of this order/judgment.

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2023:PHHC:138434

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CRM-M-32472 of 2023

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card issued to Kulwinder Kaur for appearing in D.L.Ed. Examination by Satyam College of Education, Moga as well as Aadhar Card issued to the above said Kulwinder Kaur. The petitioner was arrested on the spot on dated 25.5.2023.

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Learned counsel for the petitioner submits that the petitioner is a lady and is a mother of 1½ years old child, who is on mother feed and is also living with the petitioner-mother in jail. For that the learned counsel for the petitioner has placed on record the birth certificate of the child as Annexure P/2. He further submits that whether, the petitioner has impersonated as Kulwinder Kaur or not, is a moot question to be decided by the trial court. The case is triable by Magistrate, which shall take long time to conclude. He further submits that the petitioner is behind the bars since 25.5.2023, therefore, as on today she has already suffered incarceration for more than five months. He further submits that the petitioner being a lady is not in a position to influence the prosecution evidence.

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On the other hand, learned State counsel was unable to rebut the factual submissions made by learned counsel for the petitioner.

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This Court, without commenting on the merits of the case, deem it appropriate to extend the benefit of regular bail to the petitioner, considering that the petitioner is a female having a 1½ years old child, who is on mothers feed and is living in the jail with

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DALBIR SINGH TIWANA 2023.10.31 09:21 I attest to the accuracy and authenticity of this order/judgment.

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2023:PHHC:138434

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CRM-M-32472 of 2023

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the petitioner and the length of incarceration. The trial is at initial stage. All the offences are triable by the Magistrate, therefore, completion of the trial will take considerable long time.

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The present petition is allowed. The petitioner is ordered to be released on bail on furnishing of bail bonds and surety bonds to the satisfaction of concerned Chief Judicial Magistrate/trial Court/Duty Magistrate.

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However, anything observed here-in-above shall have no

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effect on the merits of the case and is meant for deciding the present petition only.

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( KULDEEP TIWARI ) October 30, 2023 JUDGE 'tiwana'

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Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No

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DALBIR SINGH TIWANA 2023.10.31 09:21 I attest to the accuracy and authenticity of this order/judgment.

Kirna Rani v. State of Punjab

Case brief

What is this about?

What did the court decide?

Kirna Rani v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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