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JASJIT SINGH BEDI
Gurmeet Kaur – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. overview of the petition and factual allegations (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments for and against anticipatory bail (Para 8 , 9 , 10 , 11) |
| 3. court's analysis and interpretation of the law (Para 12 , 13 , 14) |
| 4. decision regarding the principles for granting anticipatory bail (Para 15) |
| 5. final decision and implications for the trial (Para 16 , 17) |
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
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 court established that a person cannot be deemed a proclaimed offender without a formal declaration under Section 82(4) CrPC, allowing for the possibility of anticipatory bail.
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