JUDGEMENT
Mehinder Singh Sullar, J. -
(1.) PETITIONER -Maya Devi daughter of Jyoti Ram, has directed the instant petition for the grant of anticipatory bail in a case registered against her along with her other co -accused, vide FIR No. 669 dated 24.07.2012, on accusation of having committed the offences punishable under Sections 406, 420, 467, 468 and 471 read with Section 120 -B IPC, by the police of Police Station City Karnal, invoking the provisions of Section 438 Cr.P.C. Notice of the petition was issued to the State.
(2.) AFTER hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context. During the course of preliminary hearing, a Co -ordinate Bench of this Court (L.N. Mittal, J.), has passed the following order on May 22, 2013: -
Counsel for the petitioner contended that the petitioner had deposited Rs.86,442/ - towards premium of insurance police of her husband -complainant vide receipts Annexures P -4 to P -7 whereas the petitioner allegedly raised loan of Rs.30,000/ - only against the said policy.
Adjourned to 14.08.2013.
Meanwhile, the petitioner, if arrested, shall be released on interim bail to the satisfaction of the Arresting Officer, subject to the condition that the petitioner shall join investigation as and when required by the police and shall also comply with other conditions specified in Section 438(2) of the Code of Criminal Procedure.
(3.) AT the very outset, on instructions from ASI Bal Kishan, learned State Counsel has acknowledged the factual matrix and submitted that the petitioner has already joined the investigation. She is no longer required for further interrogation, at this stage. As per Investigating Officer, there is no history of her previous involvement in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time. In the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here -in -above, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioner by this Court, by virtue of order dated May 22, 2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C.
Needless to mention that, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of her bail, in this respect.;
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