SANDEEP MOUDGIL
Rinky alias Manpreet Kaur alias Tanveer Kaur alias Ricky – Appellant
Versus
State of Punjab – Respondent
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:
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 affid
Dataram vs. State of Uttar Pradesh and another
Hussainara Khatoon and Ors. (IV) v. Home Secretary, State of Bihar
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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