CRM No.16907-M of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.16907-M of 2010 Date of decision : 23.08.2010 Neena Kapur ...Petitioner Versus State of Haryana ...Respondent **** Present: Ms. Maninder Kaur, Advocate, for the petitioner. Mr. K C Gupta, Sr. DAG, Haryana. **** S. S. SARON, J. Heard learned counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against her for the offence under Section 420, 467, 468, 471, 120-B IPC, at Police Station Sector 5, Panchukla. The FIR in the case has been registered on the statement of P.K. Gupta, Senior Manager, Federal Bank Limited, Panchkula. The petitioner, along with her husband Suresh Kapur, is a co- obligant of a loan that has been taken by her husband for the purchase of second-hand Toyota Innova vehicle. The vehicle was to be purchased for Rs.6,80,000/- for which a request for loan of Rs.5,10,000/- was made. The Federal Bank Limited advanced the loan for which various documents were signed. The loan amount of Rs.5,10,000/- was disbursed by way of a demand draft dated 12.10.2007 favouring the seller-Neeru Sanjeev Sharma. The petitioner, being the co-obligant to the loan facility, had asked her husband-Suresh Kapur to submit receipt of payment from the CRM No.16907-M of 2010 -2- seller-Neeru Sanjeev Sharma, along with delivery of vehicle, transfer of registration certificate to him and besides other documents including the insurance and hypothecation, etc. It is alleged that Suresh Kapur submitted the documents pertaining to the vehicle financed by the Bank and started making payment of EMIs regularly. Thereafter, he stopped making payment of EMIs and the loan account of the Toyota Innova vehicle became NPA and despite making requests to pay the loan amount, he did not make any payment. As per enquiries made by the Bank, it was brought out that the documents that were submitted were in respect of one Bajaj motorcycle in the name of Shri Davinder Pipat. This, according to the complainant-Bank, clearly indicated that Suresh Kapur submitted forged and fabricated documents so as to avail the loan. The petitioner, wife of accused Suresh Kapur, is a housewife and is the co-obligant to the loan facility obtained by him. She has no dealings of business with her husband. The husband of the petitioner was arrested and has been granted regular bail vide order dated 05.04.2010 (Annexure P-1) passed by the learned Additional Sessions Judge, Panchkula. The petitioner has joined the investigation, however, according to the learned counsel for the State, the registration certificate is to be recovered. It may be noticed that as per the allegation in the FIR, the registration certificate is in respect of the Bajaj Motorcycle in the name of Davinder Pipat. Besides, Suresh Kapur, husband of the petitioner, who is the main accused in the case, was arrested, and, therefore, whatever recovery was to be effected, was to be effected from him. In the circumstances, the interim bail granted to the petitioner on 29.6.2010 is liable to be made absolute. Accordingly, the petition is allowed and the petitioner, in the event of her arrest, shall be admitted to bail subject to her furnishing personal bond and surety to the satisfaction of the Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when CRM No.16907-M of 2010 -3- called for and shall abide by the conditions of Section 438(2) Cr.P.C. The interim bail granted on 29.6.2010 is made absolute. August 23, 2010 (S. S. SARON) atulsethi JUDGE