High CourtsSingle Bench

Karamvir Kaur vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 23 March 2021 · Citation: (2021) 03 P&H CK 0280

HON’BLE JUDGES
Lalit Batra, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439, 482 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 27 · Prevention Of Corruption Act, 1988 — Section 7, 8 · Indian Penal Code, 1860 — Section 120B, 170, 420
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 8280 Of 2021 In Criminal Miscellaneous Petition (M) No. 10217 Of 2021
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Judgment

15 paragraphs · 477 words

Lalit Batra, J

CRM-8280-2021

This application under Section 482 Cr.P.C. is for preponing the date of hearing of the main petition, which is already fixed for 06.05.2021.

Notice of the application.

At the asking of Court, Mr. Mehardeep Singh, Additional Advocate General, Punjab, accepts notice of the application and stated that he has no objection if application is allowed.

In view of the grounds mentioned in the application and no objection by learned State counsel, hearing of the main petition is preponed and is taken on Board today itself.

CRM is allowed.

MAIN CASE

Present petition under Section 439 Cr.P.C is for grant of regular bail to petitioner-KARAMVIR KAUR in case FIR No.206 dated 31.12.2020

Corruption Act, 1988 and Sections 120-B, 170 and 420 IPC, registered at Police Station City Moga, District Moga.

Learned counsel for the petitioner INTER ALIA contends that version, as alleged in the FIR, is totally concocted one and there is no iota of truth therein. He further urges that no contraband was recovered at the instance of petitioner. He further urges that co-accused Baljit Singh has already been extended concession of regular bail by this Court, vide order dated 25.2.2021 (Annexure P/2) passed in CRM-M-8319-2021. He further urges that petitioner is in custody since 01.01.2021 and she is no more required by the Police for any investigation purpose. He further submits that since presentation of challan and consequent trial of the case would take sufficient time to conclude, no useful purpose would be served by keeping the petitioner in custody further and she may be released on bail.

On the other hand, learned State counsel while opposing instant petition has vehemently argued that keeping in view seriousness of offence, petitioner does not deserve the concession of bail. Learned State counsel on instructions from Assistant Sub Inspector Harpreet Singh urges that investigation in this case is complete and challan is likely to be presented in the Court within short span of time.

I have heard learned counsel for the parties.

At this stage, without commenting anything on the merits of the case lest it may prejudice the outcome of the trial but taking into consideration the fact that petitioner is in custody since 01.01.2021; that petitioner is no more required by the Investigating Agency for investigation purpose; that moreover, as per averments made by the learned State counsel, the Court within short span of time and consequent trial of the case would take sufficient time to conclude, no useful purpose would be served by detaining the petitioner in custody further, thus, she deserves the concession of bail.

In view of above, instant petition for grant of regular bail moved by petitioner-KARAMVIR KAUR is allowed and she is ordered to be released on bail on her furnishing personal/surety bonds to the satisfaction of Trial Court/Chief Judicial Magistrate/Duty Magistrate, Moga, as the case may be.