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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sandeep Moudgil, J.
Rinky alias Manpreet Kaur alias Tanveer Kaur alias Ricky – Appellant
Versus
State of Punjab – Respondent
CRM-M No. 37426 of 2024
Decided On : 11-09-2024
Bail - Criminal Procedure - Section 439 CrPC - The court discussed the provisions of Section 439 of the CrPC regarding the grant of bail, emphasizing the presumption of innocence and the general rule favoring bail unless specific circumstances warrant otherwise.
Fact of the Case:
The petitioner sought regular bail under Section 439 CrPC for being implicated in a fraud case involving a matrimonial match, where significant sums were allegedly extorted under false pretenses.
Finding of the Court:
The court found that the investigation was complete, and no purpose would be served by further detention, noting the absence of any pending charges and the presumption of innocence.
Issues: Whether the petitioner should be granted bail considering the nature of the allegations and the circumstances of the case.
Ratio Decidendi: The court held that the grant of bail is the general rule, and the presumption of innocence must be upheld, especially when the trial is likely to take considerable time.
Result: The petition for regular bail is allowed, and the petitioner is directed to be released on bail.
JUDGMENT :
Sandeep Moudgil, J.
1. Relief sought the jurisdiction of this Court under Section 439 CrPC has been invoked seeking the concession of regular bail for the petitioner in FIR No. 37 dated 15.05.2023, under Sections 420, 120-B IPC, registered at Police Station Sadar Malaut, District Sri Muktsar Sahib.
2. Prosecution story set up in the present case as per the version in the FIR read as under:
“To,
S.S.P. Sahib, Shri Muktsar Sahib.
Subject: For taking legal action against Manpreet Kaur, Satwinder Singh (brother), Yadwinder Singh (brother), Prabhjit Singh Army Officer Ambala (maternal uncle (mama)) for committing fraud of Rs. 7,50,000/- (Rupees Seven Lac Fifty Thousand Only) on the pretext of marriage. Sir, Requested that 1, Gurnam Singh son of Pritam Singh am resident of Village Aulakh, Tehsil Malout, District Shri Muktsar Sahib. That I had spoken with mediators Dharampal Singh son of Surjit Singh resident of Goniana, District Bathinda and Subhash Singh (Preet) son of Baaj Singh resident of Kehar Singh Dian Dhanian, District Shri Muktsar Sahib about fixing matrimonial match of my son Kulwinder Singh with Manpreet Kaur resident of Phagwara. In respect to this, I had taken one affidavit from mediator whose copy is attached herewith. Satwinder Singh (Aadhar Card No. 8637-3211-5213) son of Jaswinder Singh resident of Street No. 1, Mohalla Bhagatpura, Phagwara, District Kapurthala had received Rs. 7,50,000/- (Rupees Seven Lac Only) from me for expenses of marriage. Phone call of Manpreet Kaur had come at my Mob. No. 80542-75030 from Satwinder Singh’s Mob. No. 98782-63009. Afterwards, Manpreet Kaur spoke with us by dialing Subhash Singh’s Mob. No. 78370- 73920 through call conference and I have its recording with me. Afterwards, Manpreet Kaur said that Satwinder Singh has grabbed Rs. 4,00,000/- and recover Rs. 4,00,000/- from him. I made phone calls to Satwinder Singh continuously for four-five days and on dt. 14.02.2022 he deposited Rs. 4,00,000/- in my account. Afterwards, Manpreet Kaur said through call conference that Satwinder Singh is not happy with this marriage and my maternal uncle (mama) is Army Officer at Ambala whose mobile number is 81462-13691. Then call came from his phone and he said that Satwinder Singh is my nephew, all of us are together and we shall perform wedding ceremony with huge pomp and show, you need not worry. Army Officer made call at my phone and said that Manpreet Kaur has to do shopping and she need Rs. 70,000/- (Rupees Seventy Thousand Only). His son Yadwinder Singh Mob. No. 88475-36164 collected Rs. 70,000/- from me and I have its recording with me, which I shall produce when required. Army Officer made phone calls to me for three-four days. Army Officer said to me that now date of marriage has been fixed, Satwinder Singh had deposited Rs. 4,00,000/- in your account and you pay that amount of Rs. 4,00,000/- to us in cash. I said to him that your son has collected Rs. 70,000/- and you collect cheque(s) of Rs. 3,00,000/- from me. He said that time is very short, you withdraw and give cash as we have to book marriage palace at Moga. Then he fixed the date of marriage on dt. 05.03.2022 and Army Officer’s son Yadwinder Singh and his mother visited our house with shahi-chithi and collected Rs. 3,00,000/- cash from me. I have this recording also with me. That I have with me the call recordings of all conversations held with them. Next day we made phone calls to them but neither Army Officer nor his son Yadwinder Singh answered our phone calls and they put our phone numbers in blacklist. Then we said to mediators that they are not answering our phone calls. When Pammi mediator (vicholan) Mob. No. 79865-90629 made phone calls to above mentioned persons even then they did not answer the phone calls. I have very good record in village. As I have only one son I did not go out of house and am meritally upset and I stay home as I am not well and it has become difficult for me to go out of house and my relatives
AI
The presumption of innocence and the general rule favoring bail were upheld, emphasizing that detention should not be punitive before a conviction.
The court considered the role and prolonged detention of the petitioner in a case involving fraudulent matrimonial alliances to grant regular bail.
Criminal Law - Statement of victim – Admissibility of - Statement of victim recorded U/s P.C is concerned, this is not stage to analyze such improvements and to form an opinion because at this stage,....
The principle that bail is the rule and jail is the exception was upheld, emphasizing the need for judicial discretion based on the specifics of each case.
The court's decision to grant bail was based on the completion of investigation, primarily documentary evidence, and the accused's custody for the past year, in line with the principles laid down by ....
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