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JASJIT SINGH BEDI
Gurmeet Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jasjit Singh Bedi, J.
This order shall dispose of two petitions bearing no CRM- M-32642-2022 titled as Gurmeet Kaur v. State of Punjab and CRM- M-1321-2023 titled as Rajinder Singh v. State of Punjab . For the sake of convenience, the facts are being taken from CRM-M-32642- 2022 as both these petitions are arising out of the same FIR.
2. The prayer these petitions under Section 438 of Cr.P.C. is for the grant of anticipatory bail to the petitioners in case FIR No.0058 dated 19.04.2022 (Annexure P-1) registered under Sections 420 , 465, 467, 468, 471, 120-B IPC, 1860 at Police Station Sadar Sri Muktsar Sahib, District Sri Muktsar Sahib.
3. The brief facts of the case are that the FIR in question was registered against three accused namely (1) Gurmeet Kaur (petitioner in CRM-M-32642-2022) wife of Bohar Singh (2) Rajinder Singh (CRM- M-1321-2023), MGNREGA Mate and (3) Charanjit Singh, Gram Rozgar Sewak on the basis of letter No.1745 dated 08.02.2022 of the District Social Audit Coordinator, Sri Muktsar Sahib. The first allegation is that the petitioners along with Charanjit, Jaspal Singh and Sukhdev Singh received a total amount of Rs.1,16,206/- in their accounts out of the f
The absence of custodial interrogation does not justify granting anticipatory bail; the prima facie case against the accused must be the primary consideration.
In financial misconduct cases involving public funds, anticipatory bail may be denied if the allegations are serious and investigations require custodial interrogation of the accused.
The court affirmed that serious fraud allegations necessitate custodial interrogation, and delay in FIR does not negate the urgency for investigation.
The main legal point established in the judgment is the exercise of discretion in granting anticipatory bail based on the nature of the allegations, role attributed to the accused, and the law laid d....
Anticipatory bail granted as petitioners cooperated with investigation, lack of prior offenses, and no necessity for custodial interrogation.
Parameters for grant of anticipatory bail in a serious offence are required to be satisfied and further while granting such relief, Court must record reasons therefor. Anticipatory bail can be grante....
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