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2018 DIGILAW 1915 (PNJ)

Sumitra Devi v. Veena Kumari

2018-04-26

MAHABIR SINGH SINDHU

body2018
JUDGMENT : MAHABIR SINGH SINDHU, J. 1. This petition has been filed by the petitioner under Section 439 read with Section 436(1) of the Criminal Procedure Code ('Cr.P.C.' - for short) for grant of regular bail to the petitioner in complaint No.8577 of 2016 dated 3.9.2015 under Section 138 of the Negotiable Instruments Act, 1881 ('Act' – for short). 2. Fresh custody certificate produced by the State counsel is taken on record and copy thereof has been supplied to the opposite side. 3. It is contended that the petitioner in custody since 25.1.2018 and she is ready to furnish an undertaking before the learned trial Court that she will not evade the proceedings in future. 4. Learned State counsel has vehemently opposed the petition and prayed for dismissal of the same. 5. Heard both sides. 6. Keeping in view the fact that the petitioner is a female and she is in custody since 25.1.2018, besides, instant case is magisterial trial. Therefore, this Court is of the view that it would be just and appropriate if the concession of bail is granted to the petitioner. In view of the abovesaid circumstances, without expressing any opinion on the merits of the case, this petition is accepted. Petitioner-Sumitra Devi be admitted to bail on his furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate and the petitioner is directed to furnish a specific undertaking that she would not abscond in future.