Criminal Misc. No.M-3229 of 2009 -1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No.M-3229 of 2009
Date of Order: 10.02.2009
Surinder Kaur
...Petitioner
Versus
State of Punjab
..Respondent
CORAM: HON’BLE MR. JUSTICE RAJIVE BHALLA
Present: Mr. Amit Dhawan, Advocate
for the petitioner.
Mr. K.S.Dadwal, Addl. A.G.,Punjab
RAJIVE BHALLA, J (Oral).
Prayer in this petition, filed under Section 438 of the Code of
Criminal Procedure, is for grant of anticipatory bail, in case FIR No.221,
dated 13.12.2008, registered under Sections 406, 420 of the Indian Penal
Code, at Police Station Nurmehal, District Jalandhar.
As per the allegations in the FIR, the petitioner received
Rs.3,90,000/- to send the complainant’s son to Cyprus and though he was
sent to Cyprus the visa and other documents were found to be forged.
Counsel for the petitioner submits that in a similar complaint filed
before the Anti Fraud Cell, Jalandhar, the petitioner has not been named.
The allegations against the petitioner have been levelled at the behest of
her daughter in law, who resides in Cyprus, and has strained relations with
her husband.
Counsel for the State of Punjab, on the other hand, submits that
apart from the present FIR, the petitioner is an accused in another case. It
is also submitted that, though, in the complaint made to the Anti Fraud Cell,
Jalandhar, the petitioner is not referred to as an accused, but after
Criminal Misc. No.M-3229 of 2009 -2
investigation the petitioner’s involvement has come to light. The
petitioner’s custodial interrogation is, therefore, required to unravel the
truth.
I have heard counsel for the petitioner, perused the FIR and also
considered submissions made by counsel for the State of Punjab.
The petitioner, though a lady and a widow, fraudulently duped an
innocent person of Rs.3,90,000/- on the pretext of sending his son abroad.
The complainant’s son was sent abroad but the visa etc. were found to be
forged. It would also be necessary to mention here that the petitioner is
accused of another similar offence, for which she was arrested but is now
on bail.
In view of what has been stated hereinabove, the present petition
is dismissed.
However, as the petitioner is a women, in case she surrenders
before the trial court, within a fortnight and files an application for grant of
regular bail, the same shall be considered and decided within three days of
the conclusion of the police remand, if any.
February 10, 2009 (RAJIVE BHALLA) nt JUDGE