Punjab-Haryana High Court
Jasvir Kaur vs State Of Punjab on 2 April, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:043949
In The High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-14616-2024 (O&M)
Date of Decision:- 02.04.2024
Jasvir Kaur ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Madan Sandhu, Advocate, for the petitioner.
Mr. Vinay Kumar Malhotra, DAG, Punjab.
*****
FIR DATE POLICE STATION OFFENCES
NO.
242 22.11.2023 City Budhlada, District 420, 465, 467, 468, 471, 120-B
Mansa IPC
GURVINDER SINGH GILL, J. (Oral)
1. The instant petition has been filed on behalf of the petitioner seeking grant of regular bail in respect of aforementioned FIR.
2. The FIR in question was lodged on the basis of a secret information received by the police to the effect that Jagtar Singh, Jasvir Kaur, Gaurav Kumar, Parveen Kaur, Shammi Kaur and Manjit Kaur had constituted a gang and they used to collect ID proofs from innocent unsuspecting persons while holding out a promise of getting loans MOHAN SINGH 2024.04.03 05:38 I attest to the accuracy and integrity of this order/judgment CRM-M-14616-2024 (O&M) -2- 2024:PHHC:043949 sanctioned in their favour. The information was further to the effect that after collecting ID proofs, the said persons used to prepare forged documents of such persons and also used to get SIM cards issued in their names so as to get their bank accounts opened. The accused, however, used to retain the ATM cards, pass-books and SIM cards of such persons with them and later on supplied the same to Ravi, Mosam Khan and Sabar Khan, residents of Rajasthan, who used to defraud people and transfer amounts to the said bank accounts opened on the basis of forged documents. The information was further to the effect that even on the given day, Jagtar Singh, Jasbir Kaur, Gaurav Kumar, Parveen Kaur, Shammi Kaur and Manjit Kaur were present in Budhlada and were collecting ID proofs from innocent gullible persons and that in case a raid is conducted, they could be caught red- handed.
3. It is further the case of prosecution that pursuant to receipt of said information, the police swung into action and conducted a raid at the nominated place wherefrom the accused were apprehended alongwith a car. The search of dash-board of the car led to recovery of 2 HDFC bank kits, 2 mobile phones and Rs.5000/-. The bank kits comprised of cheque book, pass-book & ATM card. One red coloured pouch of Airtel containing 1 SIM was also recovered. The search of Jasvir Kaur yielded recovery of Rs.4000/-, 7 SIMs and kit of HDFC Bank, 1 mobile phone, 1 cheque book, 1 passbook, 1 ATM card, 1 SIM card and ID proofs i.e. PAN card and voter card of Kudeep Kaur. From second kit, 1 cheque book, 1 passbook, 1 ATM card, 1 SIM of JIO company were recovered. Search of Gaurav Kumar yielded recovery MOHAN SINGH 2024.04.03 05:38 I attest to the accuracy and integrity of this order/judgment CRM-M-14616-2024 (O&M) -3- 2024:PHHC:043949 of 1 mobile phone, some ID proofs i.e. Aadhar card and voter card of Rekha Rani, PAN card and Aadhar card of Jiwan Singh. From Manjit Kaur, 1 mobile phone and from Sammi Kaur, 1 mobile phone and Rs.4000/- were recovered.
4. Learned counsel for the petitioner submitted that she has falsely been implicated in the present case and that there is no evidence to show that the petitioner had committed any of the offence alleged by the prosecution. It has also been submitted that three co-accused of the petitioner have already been granted the concession of bail by this Court and as such the petitioner also deserves the concession of bail on parity.
5. Opposing the petition, learned State counsel submitted that since the petitioner is specifically named in the FIR and was caught at the spot when a raid was conducted and some incriminating articles in the shape of Bank Opening kits, SIM cards etc. were recovered, her complicity is clearly evident. Learned State counsel has, however, informed that the petitioner as on date has been behind bars since the last about 4 months and that though challan has been presented, but charges are yet to be framed.
6. This Court has considered the rival submissions addressed before this Court.
7. Without commenting anything as regards the merits of the case, but having regard to custody of petitioner and the fact that three co- accused of the petitioner namely Manjeet Kaur, Parveen Kaur, Shammi Kaur @ Shammy Kaur and Jagtar Singh have already been MOHAN SINGH 2024.04.03 05:38 I attest to the accuracy and integrity of this order/judgment CRM-M-14616-2024 (O&M) -4- 2024:PHHC:043949 granted bail, her further detention will not serve any useful purpose as the conclusion of trial will take some time inasmuch as charges are yet to be framed. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on her furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
02.04.2024 ( GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
MOHAN SINGH
2024.04.03 05:38
I attest to the accuracy and
integrity of this order/judgment