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Manjit Kaur @ Chhinder Kaur vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 25 April 2011 · Citation: (2011) 04 P&H CK 0293

HON’BLE JUDGES
Alok Singh, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 406, 420
CASE NUMBER
CRM-M 7836 of 2011 (O and M)
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Judgment

6 paragraphs · 210 words

Alok Singh, J.—Present petition is filed seeking regular bail in case FIR No. 218 dated 12.12.2009 under Sections 406/420 IPC, Police Station City Kotkapura.

2.

Learned Counsel for the Petitioner states that Petitioner is a lady and is in judicial custody w.e.f. 13.9.2010. He further states that the offence is triable by the Magistrate and till date, no prosecution witness has been examined.

3.

Learned Counsel for the Petitioner while placing reliance on the judgment of Hon''ble Apex Court in the matter of State of Kerala v. Raneef 2011 (1) RCR 0381 has argued that in the event of refusal of bail, time spent in the jail cannot be restored to the accused, if ultimately the accused is acquitted by the trial Court.

4.

Mr. K.D. Sachdeva, learned Additional Advocate General, Punjab, states that there are four other cases against the Petitioner, so he may not be released on bail.

5.

Facts reveal that Petitioner is an old lady and the offence is triable by the Magistrate. No useful purpose would be served in keeping the Petitioner behind the bars during the trial.

6.

Considering totality of the facts and circumstances of the case, I direct that Petitioner be released on bail to the satisfaction of the learned Trial Court.