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AMOL RATTAN SINGH
Jasnoorpreet Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Amol Rattan Singh, J. (Oral) - Case heard via video conferencing.
2. By this petition, the petitioner seeks the concession of 'anticipatory bail' under the provisions of Section 438 Cr.P.C., upon FIR No.19, dated 28.06.2020, having been registered at Police Station Vigilance Bureau, District Amritsar, alleging therein the commission of offences punishable under the provisions of Sections 409/420/465/466/467/468/471/477-A/120-B of the IPC.
3. On 11.02.2021, the following order was passed by this court (co- ordinate bench):-
'Case is being taken up for hearing through Video Conferencing due to Covid-19 pandemic.
Learned counsel contends that the petitioner, a young lady has been implicated in a false case at the behest of her husband against whom she has registered an FIR under Sections 406, 498-A and that anticipatory bail was refused to her, solely on the ground that her marriage certificate with one Jobanreet Singh had not been got recovered by her, although she was given opportunity twice for the same, whereas as per the record produced by the Vigilance Bureau, it was the petitioner's father, who is alleged to have received the said certificate.
Learned counsel contends that t
The recovery or non-recovery of the original marriage certificate may not be sufficient grounds to deny the petitioner the concession of bail under Section 438 Cr.P.C.
Compliance with investigation and lack of evidence supporting allegations influenced the grant of anticipatory bail.
The court emphasized the difference between consent given with full knowledge and consent given under a misconception of fact. It held that consent given under a misconception of fact would not be co....
The court considered the circumstances and potential unfair sale of land in granting anticipatory bail to the petitioner.
The court's decision to grant anticipatory bail was based on the petitioners joining the investigation and no longer being required for further investigation.
The seriousness of the allegations and the potential obstruction of the investigation process can be grounds for denying anticipatory bail.
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