Kanwaljit Kaur V. The Union Territory of Chandigarh

CRM-M/60295/2024

AI Insights

The case involves Kanwaljit Kaur, who was accused of inducing a complainant, Deepinder Singh, to part with a substantial amount of money under the pretense of pledging stolen gold ornaments. The complainant, who ran a jewelry shop, alleged that Kaur, along with her son, visited his shop multiple times, pledging jewelry and taking money under false pretenses. The FIR was registered based on a complaint from another jeweler, Bikash Diamonds, from whom the jewelry was originally stolen. Kaur was arrested on 09.08.2024 and has been in custody since then. The court considered the seriousness of the allegations, her previous criminal record, and the fact that the trial would take time, leading to the decision to grant bail with strict conditions.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 800638 (HC-CHANDIGARH)
• Appeal Type: Others
• Pronouncement Date: 28-04-2025
• Assessment Year: misc
• Laws Referred To: Bharatiya Nagarik Suraksha Sanhita, 2023
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: MANISH BANSAL
• Assessee Lawyers: SHIKHAR SARIN
• Keywords: Bail; Embezzlement; FIR; Fraud; Gold jewellery
• Section: 420; 483; 406

Judgement Text

"IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.60295 of 2024 Date of Decision: 28.04.2025 Reserved on: 24.04.2025 Kanwaljit Kaur ... Petitioner Versus The Union Territory of Chandigarh ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Shikhar Sarin, Advocate, for the petitioner. Mr. Manish Bansal, PP, U.T., Chandigarh. for the respondent. Mr. Pankaj Chandgothia, Advocate, for the complainant. *** MANISHA BATRA , J. 1. The present petition has been filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) seeking regular bail in the FIR mentioned below:- FIR No. Dated Police Station Sections 62 01.08.2024 Sector 19, District Chandigarh 406 and 420 of IPC 2. Brief facts relevant for the purpose of disposal of the present MANJU 2025.04.29 17:54 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.60295 of 2024 -2- petition are that the aforementioned FIR has been registered on the basis of complaint lodged by the complainant Deepinder Singh who was running a jewellery shop in Sector-19, Chandigarh alleging therein that the present petitioner along with her son used to visit his shop from the last one year for purchasing jewellery. She represented that she was posted at a high position in Punjab School Education Board and her husband was also posted as Commissioner of Income Tax. She used to come in luxury cars with personal security guards. She had won the trust of the complainant. On 12.03.2024, she came to his shop and induced him to give a sum of Rs.5,80,000/- by representing that she needed this amount urgently and that she would return the same in three months. In lieu thereof, she pledged gold jewellery weighing 143.870 grams as security. The said amount of money had been given by the complainant to her while trusting her. She came to his shop on 13.03.2024 and 14.03.2024 and by making the same representation and pledging jewellery weighing 126.770 grams and 28.810 grams took amounts of Rs.5 lakhs and Rs.1 lakh each from the complainant. Then on 01.05.2024, she was brought to his shop by some police officials and only then the complainant came to know that a case was registered against the petitioner on the complaint lodged by proprietor of Bikash Diamonds from whom she had taken the same jewellery which was pledged with the complainant. The said jewellery was recovered by the police. The complainant demanded his money back from the petitioner but she refused and rather extended threats to him. MANJU 2025.04.29 17:54 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.60295 of 2024 -3- 3. After registration of FIR, investigation proceedings were initiated. The petitioner was arrested on 09.08.2024. The investigation now stands completed and the petitioner is facing trial for commission of aforementioned offence. 4. It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. Infact, there is delay of three months in lodging of the FIR. The gold ornaments which had been pledged by her with the complainant have been recovered and released on superdari to the complainant of FIR No.77. She is in custody since long. The trial would take time. The subject offences are triable by Magistrate. Her further detention would not serve any useful purpose. Registration of other FIRs against her cannot be considered to be a ground for denying benefit of bail to her. Therefore, it is argued that she deserves to be released on bail. 5. Status report has been filed by the respondent-UT. Reply has been separately filed by the complainant. Learned Public Prosecutor for the Union Territory assisted by learned counsel for the complainant has argued that there are serious allegations against the petitioner who is a habitual offender and several criminal cases out of which at least six are of similar nature, have been registered against her. There are chances of her committing similar offences or absconding, if released on bail. Therefore, it is argued that the petition does not deserve to be allowed. 6. This Court has considered the rival submissions. 7. The petitioner in connivance with her husband and son, is MANJU 2025.04.29 17:54 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.60295 of 2024 -4- alleged to have induced the complainant to part with a huge amount of money in lieu of pledging of gold ornaments which had been stolen by her from some other jeweller. The said ornaments had been recovered. She is alleged to have caused wrongful loss to the complainant to the tune of Rs.11,80,000/-. She is in custody since 09.08.2024. Trial is likely to take time. The offence for which she has been challaned is triable by Magistrate. Only on account of her involvement in other cases, she cannot be denied release on bail. Keeping in view the above discussed facts but without meaning to make any comment on the merits of the case, this Court is of the considered opinion that the petition deserves to be allowed. Accordingly, the same is allowed and the petitioner is ordered to be admitted to bail subject to her furnishing personal as well as surety bonds by two sureties to the satisfaction of learned trial Court/CJM/Duty Magistrate concerned and further subject to the condition that till the conclusion of the trial, she shall appear before the concerned Police Station once on the first Monday of every month. She shall disclose his present as well as permanent address before the learned trial Court at the time of furnishing of bonds and shall also give copy of his Aadhar Card, PAN Card if any and details of her mobile phone number to the learned trial Court and in case, any change in her address or mobile phone number takes place, then she shall inform about the same to the learned trial Court in advance and if she is involved in any other case of similar nature in future then her bail may be cancelled. 8. In case of violation of any of the above conditions, the MANJU 2025.04.29 17:54 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.60295 of 2024 -5- jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with law. (MANISHA BATRA) 28.04.2025 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2025.04.29 17:54 I attest to the accuracy and authenticity of this order /judgment Chandigarh "