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Present: Mr. T.S.Sangha Sr.Advocate with Vs. State of Punjab - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

Present: Mr. T.S.Sangha Sr.Advocate with

Respondent

State of Punjab

Excerpt:


.....with main accused kuku dhaliwal is established from the transactions and by her admission indicating that she had paid money to kuku dhaliwal on different occasions. in view of the above-said circumstances, this court has found no extraordinary exceptional circumstances to grant concession of pre-arrest bail to the petitioner especially when the statements of amanpreet kaur, kewal singh and joginder singh brar coupled with the statement of kamaljeet kaur have been recorded regarding money having been paid to the petitioner. dismissed. interim order vacated. nothing in this order will prejudice the rights of the petitioner in any manner to seek regular bail by surrendering before the police or the crm-m no.40654 of 2012 -3- illaqa magistrate. ( m.m.s.bedi ) 2.5.2013 judge meenu

Judgment:


CRM-M No.40654 of 2012 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M No.40654 of 2012 (O&M) Date of Decision :

2. 5.2013 Amanpreet Kaur alias Aman ..Petitioner.

versus State of Punjab ...Respondent.

CORAM : HON'BLE MR.JUSTICE M.M.S.BEDI Present: Mr.T.S.Sangha, Sr.Advocate with Mr.Narinder Singh, Advocate for the petitioner.

Mr.Ankur Jain, AAG Punjab.

Mr.K.S.Nalwa, Advocate for the complainant.

M.M.S.Bedi, J.

The petitioner is unmarried female who claims concession of pre arrest bail in a case registered at the instance of Joginder Singh Brar from Canada alleging that he has been duped of a sum of ` 16.60 lacs to the petitioner and Kuku Dhaliwal @ Gurbax Singh Cheema on the pretext that Kamalpreet Kaur niece of wife of complainant would be sent abroad after marriage.

Counsel for the petitioner has vehemently contended that the petitioner has got no connecction with Kuku Dhaliwal and that Kuku Dhaliwal has cheated a large number of people.

He had even promised the petitioner that he would marry her.

Counsel for the petitioner has also argued that story of the complainant is absolutely improbable that he had CRM-M No.40654 of 2012 -2- paid money to the petitioner on the asking of Kuku Dhaliwal @ Gurbax Singh Cheema.

I have heard learned counsel for the parties and have gone through the police file.

It has been claimed that the complainant and Kuku Dhaliwal @ Gurbax Singh Cheema belong to the same area i.e.Brampton, Ontario and both being residents of the same place, it is improbable that the complainant without properly verifying the facts parted money on the asking of Kuku Dhaliwal @ Gurbax Singh Cheema.

A perusal of the police file indicates that the complainant Joginder Singh Brar has withdrawn money of ` 10 lacs from his account on 21.3.2011 and paid ` 5 lacs on 27.3.2011.

The police proceedings indicate that at one occasion the petitioner had admitted that she had received money from the complainant and promised to return the same by 16.7.2011.

Her connivance with main accused Kuku Dhaliwal is established from the transactions and by her admission indicating that she had paid money to Kuku Dhaliwal on different occasions.

In view of the above-said circumstances, this Court has found no extraordinary exceptional circumstances to grant concession of pre-arrest bail to the petitioner especially when the statements of Amanpreet Kaur, Kewal Singh and Joginder Singh Brar coupled with the statement of Kamaljeet Kaur have been recorded regarding money having been paid to the petitioner.

Dismissed.

Interim order vacated.

Nothing in this order will prejudice the rights of the petitioner in any manner to seek regular bail by surrendering before the police or the CRM-M No.40654 of 2012 -3- Illaqa Magistrate.

( M.M.S.Bedi ) 2.5.2013 Judge Meenu


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