IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Augustine George Masih, J.
Mandeep Kaur – Petitioner
Versus
State of Haryana – Respondent
CRM-M No.18043 of 2018
Decided On : 07-05-2018
Regular Bail - Criminal Procedure - Code of Criminal Procedure, 1973, Indian Penal Code, 1860 - Section 439, 406, 420, 467, 468, 471, 457, 380, 379, 120-B - The court discussed the provisions of Section 439 of the Cr.P.C. and the definition of 'custody' as per the judgments in Niranjan Singh and another v. Prabhakar Rajaram Kharote and another 1980(2) SCC 559 and Sunita Devi v. State of Bihar and another 2005(1) SCC 608. The court held that the petitioner was not in custody as per the law and therefore the petition for regular bail was not maintainable. On merits, the court found no ground for grant of regular bail due to the admitted transfer of a huge amount into the petitioner's account, refusal to return the remaining amount, allegations of theft, and forgery of signatures.
Fact of the Case:
The petitioner filed a petition for regular bail in a criminal case involving charges under various sections of the Indian Penal Code. The petitioner had been accused of transferring a large amount from the complainant's account, theft of valuable items, and forgery of signatures.
Finding of the Court:
The court found that the petition for regular bail was not maintainable as the petitioner was not in custody as per the law. On merits, the court found no ground for grant of regular bail due to the admitted transfer of a huge amount into the petitioner's account, refusal to return the remaining amount, allegations of theft, and forgery of signatures.
Issues: The main issue was the maintainability of the petition for regular bail under Section 439 Cr.P.C. and the grounds for grant of regular bail on merits.
Ratio Decidendi: The court applied the definition of 'custody' as per the judgments in Niranjan Singh and another v. Prabhakar Rajaram Kharote and another 1980(2) SCC 559 and Sunita Devi v. State of Bihar and another 2005(1) SCC 608 to determine the maintainability of the petition for regular bail. On merits, the court considered the admitted transfer of a huge amount into the petitioner's account, refusal to return the remaining amount, allegations of theft, and forgery of signatures.
Final Decision: The petition for regular bail was dismissed by the court.
AUGUSTINE GEORGE MASIH, J.
This petition under Section 439 of the Code of Criminal Procedure, 1973, (hereinafter referred to as 'Cr.P.C.') has been preferred for grant of regular bail in FIR No.229 dated 13.07.2016 registered at Police Station Sector-5, District Panchkula, under Sections 406, 420, 467, 468, 471, 457, 380, 379 and 120-B of the Indian Penal Code, 1860, with a further prayer for extension of stay of arrest as granted by the Hon'ble Supreme Court by order dated 06.04.2018 (Annexure P-7), during the pendency of the petition.
2. Briefly the facts are that the above referred to FIR was registered against the petitioner, who is the daughter-in-law of the complainant, with the background and allegations that the petitioner and the son of the complainant had some dispute between them, which was resolved and the matter was patched up in the presence of some family members. Thereafter petitioner along with her daughter left the matrimonial home taking with her the entire articles when no one was in the house. She also took away an Alto Car bearing No.H.R-03-1721 which was in the name of the husband of the complainant. Petitioner, after some days, met the complainant and started saying that she wanted divorce from her son and that he should put his signatures on the documents relating to a divorce petition prepared under Section 13-B of the Hindu Marriage Act. The son of the complainant refused to do so. Thereafter a notice was received through Court in a divorce petition preferred by the petitioner under Section 13 of the Hindu Marriage Act. In this petition it was mentioned that the complainant had transferred an amount of Rs.39,00,058/- in the account of the petitioner through RTGS as a gift for livelihood of her granddaughter. When the complainant checked her cheque book and other valuable articles, it came to light that one cheque No.593008, Rs.82,000/- as well as 23/25 tolas of gold, one silver anklet and two silver coins were missing from her almirah. On inquiry from the bank, it came to light that the missing cheque was used for forging her signatures by petitioner and others for transferring the above referred to amount through RTGS in the account of petitioner. When the complainant objected to the transfer of such a huge amount from her account and that too without her consent and knowledge, she was threatened. It was mentioned that the complainant being the nominee of her deceased husband, this money had come to her containing the lifetime earnings of her deceased husband.
3. On registration of the FIR, petitioner filed a petition for grant of anticipatory bail, which was dismissed by the trial Court and thereafter she preferred similar petition before this Court under Section 438 Cr.P.C. i.e. CRM-M No.320 of 2017 which was dismissed by a detailed order on 08.03.2018 (Annexure P-6). After the dismissal of the said petition, Petition for Special Leave to Appeal (Crl.) No.2741/2018 was preferred, which came up for hearing before the Hon'ble Supreme Court on 06.04.2018 when the same was dismissed, however, stay of arrest of the petitioner for four weeks was granted with an observation that in the meantime, petitioner may apply for regular bail.
4. In pursuance thereto, petitioner filed a petition under Section 439 Cr.P.C. before the Chief Judicial Magistrate, Panchkula, which after consideration was dismissed on 16.04.2018. Thereafter an application under Section 439 Cr.P.C. was preferred by the petitioner for grant of regular bail on 18.04.2018, which was dismissed by the learned Additional Sessions Judge, Panchkula, by order dated 20.04.2018 (Annexure P-10). It is now, that the petitioner has approached this Court through the present petition for grant of regular bail.
5. It is the contention of learned senior counsel for the petitioner that in the earlier petitions which were preferred under Section 438 Cr.P.C. for grant of anticipatory bail when interim protection was granted to the petitioner, she had joi
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