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(2020) Law Today Live Doc. Id. 15249 = 2020 L.A.R. (e-Suppl.) 794
Decided on: 18.08.2020
(Proceedings conducted through video conferencing)
Present:
Mr. Anil Kumar Malik, Advocate for the petitioner.
Mr. Sanjay Mittal, Additional AG, Haryana.
Indian Penal Code, 1860 (45 of 1860), Section 406, 420, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Cheating – Regular bail -- Offences registered against the petitioner are triable by the Judicial Magistrate -- Law is more liberal with regard to grant of bail to a woman -- Challan has been presented in the Court but conclusion of trial is likely to take its own time -- Petitioner ordered to be released on bail.
(Para 4,5)
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REKHA MITTAL, J. (ORAL) –
1. The petitioner prays for grant of regular bail in FIR No.500 dated 30.09.2019 registered with Police Station Barwala, District Hissar for offence punishable under Sections 406, 420, 120-B of the Indian Penal Code, 1860 (in short ‘IPC’).
2. Counsel for the petitioner would argue that offences registered against the petitioner are triable by Judicial Magistrate. On completion of investigation, challan has been presented in the Court and trial may take some time particularly in the circumstances that cases are not progressing due to Covid-19. The petitioner is 55 years of age and her custody in the case may be prejudicial to her health. The last submission made by counsel is that the petitioner is ready to face the proceedings without any default.
3. Counsel representing State of Haryana has not disputed factual submissions but opposed the prayer for grant of bail.
4. Concededly, offences registered against the petitioner are triable by the Judicial Magistrate. The law is more liberal with regard to grant of bail to a woman. Challan has been presented in the Court but conclusion of trial is likely to take its own time.
5. In view of the above, without meaning to express any opinion on merits of the controversy, the petitioner shall be released on bail subject to satisfaction of the trial Court/Duty Magistrate, Hissar. However, she shall abide by the following conditions:-
(i) She shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of the case so as to dissuade him/her from disclosing such facts to the Court;
(ii) She shall not leave India without previous permission of the Court.
6. Disposed of accordingly.
Petition allowed.
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