Amarjeet Kaur vs State Of Punjab

Jasgurpreet Singh Puri , J

The present petition has been filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioner in FIR No.25 dated 05.04.2022, under Sections 406, 420, 120-B of the IPC and under Section 13 of the Punjab Travel Professional (Regulation) Act, 2014, registered at Police Station Badali Ala Singh, District Fatehgarh Sahib, Punjab.

Learned counsel for the petitioner has submitted that the petitioner is an old lady of the age of 77 years and is in custody from 13.06.2023, which is almost 3 ½ months and the allegations against her are with regard to being an accomplice of the main accused, who has taken some amount of money from the complainant on the pretext of sending her son abroad. He further submitted that the petitioner is involved only in one more case but that cannot become a ground for denial of bail to the petitioner especially in view of the aforesaid circumstances. He also submitted that even otherwise also, the present is a case which is triable by Magistrate and the investigation of the case has already been completed and challan has been presented before the competent Court and therefore no useful purpose will be served in case the further custody of the petitioner is perpetuated.

On the other hand, Mr. Sarabjit Singh Cheema, DAG, Punjab, on instructions from ASI Jagroop Singh, has submitted that it is correct that the investigation of the case has been completed and challan has been presented before the competent Court. He further submitted that the petitioner is in custody from 13.06.2023, which is almost 3 ½ months but she is involved in one more case of similar nature.

I have heard the learned counsel for the parties.

The petitioner is an old lady of the age of 77 years and is in custody from 13.06.2023, which is almost 3 ½ months. The present case is triable by Magistrate and investigation of the case has already been completed and challan has also been presented before the competent Court.

Therefore, considering the aforesaid totality and circumstances of the present case, this Court deems it fit and proper to grant regular bail to the petitioner.

Consequently, the present petition is allowed. The petitioner shall be released on regular bail, if not required in any other case, subject to furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned.

However, anything observed hereinabove shall not be treated as an expression of opinion on the merits of the case and is meant for the purpose of deciding the present petition only.