Nankai vs State of Punjab

ARVIND SINGH SANGWAN, J. (ORAL)

Prayer in this petition under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.) is for grant of regular bail to the petitioner in case FIR

No. 17 dated 15.01.2018 for offences under Sections 392, 34 of IPC (Sections 148, 395, 149 of IPC added later on), registered at Police Station

Model Town, Ludhiana, District Ludhiana.

Learned counsel for the petitioner submits that as per allegation in the FIR, 04 persons committed the offence of robbery at the residence of the

complainant, out of whom, the complainant has named her servant-Rajesh @ Chhotu that he has called three other persons at the residence of the

petitioner. Counsel for the petitioner further submits that after arrest of co-accused-Niranjan, on his disclosure statement name of the petitioner

surfaced and recovery of Rs.9, 02,000/- and 40 grams gold was effected. Counsel for the petitioner further submitted that in fact, husband of the

petitioner, namely Jawahar Lal is one of the accused who has kept concealed the said amount and gold and since he is not arrested, the same has

been shown in the possession of the petitioner.

Learned State counsel, on instructions from ASI Malkiat Singh, submits that as per CCTV footage, four persons have been identified and declared

as accused in the present FIR, including the husband of the petitioner -Jawahar Lal. It is further submitted that on the disclosure statement of

Niranjan, the police party went to the place of residence of the petitioner from where the aforesaid recovery was effected. However, three more

accused including husband of the petitioner are yet to be arrested.

Learned State counsel, on instructions from the Investigating Officer, has however, not denied the fact that except for the recovery of the stolen

articles, there is no allegation against the petitioner. It is further stated that challan is ready and the same will be submitted soon before the trial

Court.

Without commenting on the merits of the case and considering the fact that the petitioner is not one of the four main accused and the allegation

against her are only pertaining to recovery of stolen articles; she being a lady and in custody since 05.02.2018 and is no more required for further

custodial interrogation; the present petition is allowed. The petitioner is ordered to be released on regular bail subject to her furnishing bail/surety

bonds to the satisfaction of the trial Court/Illaqa Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail, if the petitioner is found involved in misusing the concession of bail, in any

manner.