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Jasvir Kaur vs State Of Punjab
2024 Latest Caselaw 6808 P&H

Citation : 2024 Latest Caselaw 6808 P&H
Judgement Date : 2 April, 2024

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

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

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

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







integrity of this order/judgment

 
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