CRM-M-33156- IN THE HIGH COURT OF PUNJAB AND HARYANA AT (247-2) MAYA DEVI STATE OF HARYANA CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Mr. Gautam Kaile, DAG, Haryana MANISHA BATRA, J. (ORAL) 1. The instant 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) of regular bail in case arising out of FIR No. under Sections 120 later on) at Police Station City Pehowa, District Kurukshetra. 2. As per the allegations on 21.06.2023 Sub-Registrar, Pehowa at the Police Station, alleging therein that one Devi had lodged a complaint before her Chand had got registered a deed of family transfer in respect of property owned by her at the Tehsil office, Pehowa by producing some other female impersonated herself as the complainant -2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus HARYANA HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Prashant Sethi, Advocate for the petitioner Mr. Gautam Kaile, DAG, Haryana **** MANISHA BATRA, J. (ORAL) The instant petition has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) of regular bail in case arising out of FIR No.179 dated 01.07.2023 registered under Sections 120-B, 420, 467, 468, 471 of IPC (Section 419 of IPC added later on) at Police Station City Pehowa, District Kurukshetra. As per the allegations on 21.06.2023 Registrar, Pehowa at the Police Station, alleging therein that one d a complaint before her that on 24.04.2023 Chand had got registered a deed of family transfer in respect of property owned by her at the Tehsil office, Pehowa by producing some other female herself as the complainant. It was reported that a prayer for IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33156-2026 (O&M) Date of decision : 06.07.2026 ... Petitioner ...Respondent HON'BLE MRS. JUSTICE MANISHA BATRA Advocate for the petitioner petition has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant 179 dated 01.07.2023 registered IPC (Section 419 of IPC added later on) at Police Station City Pehowa, District Kurukshetra. As per the allegations on 21.06.2023, a complaint was sent by Joint Registrar, Pehowa at the Police Station, alleging therein that one Simla that on 24.04.2023 that her son Krishan Chand had got registered a deed of family transfer in respect of property owned by her at the Tehsil office, Pehowa by producing some other female, who . It was reported that a prayer for (O&M) 2026 .. Petitioner ...Respondent petition has been filed by the petitioner under Section for grant 179 dated 01.07.2023 registered IPC (Section 419 of IPC added a complaint was sent by Joint Simla her son Krishan Chand had got registered a deed of family transfer in respect of property owned , who . It was reported that a prayer for AMIT SHARMA 2026.07.06 18:46 I attest to the accuracy and integrity of this order/judgment. CRM-M-33156- cancellation of the said sale deed had also been made by sale deed had been cancelled. Prayer was made for taking action against the culprits. 3. After registration of FIR, investigation proc During investigation, the accused impersonator, who had appeared for registration of transfer deed He was interrogated and suffered disclosure statement admitting his involvement in the crime. The present petitioner, who was the impersonator of Simla Devi was arrested on 06.01.2026, after her presence was secured by way of production warrants. She was interrogated and admitted her involvement in the crime and about the fact that deed and that she had got snapped her photograph in place of time of registration of sale deed. Offence under Section 419 of IPC was added. Her thumb impressions were taken, which matched wi Investigation now stands concluded. 4. It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. She is in custody since long. Investigation now stands concluded. No useful purp custody anymore. The co The subject offences are triable by Magistrate. She is an old from several ailments. She is ready to abide by the ter imposed upon her. -2026 (O&M) 2 cancellation of the said sale deed had also been made by sale deed had been cancelled. Prayer was made for taking action against the After registration of FIR, investigation proc During investigation, the accused-Rajesh Kumar, who had identified the impersonator, who had appeared for registration of transfer deed He was interrogated and suffered disclosure statement admitting his in the crime. The present petitioner, who was the impersonator of Devi was arrested on 06.01.2026, after her presence was secured by way of production warrants. She was interrogated and admitted her involvement in the crime and about the fact that he had her thumb impressions on the transfer deed and that she had got snapped her photograph in place of time of registration of sale deed. Offence under Section 419 of IPC was added. Her thumb impressions were taken, which matched wi Investigation now stands concluded. It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. She is in custody since long. Investigation now stands concluded. No useful purpose would be served by detaining her in custody anymore. The co-accused has already been extended benefit of bail. The subject offences are triable by Magistrate. She is an old from several ailments. She is ready to abide by the ter imposed upon her. cancellation of the said sale deed had also been made by Simla Devi and the said sale deed had been cancelled. Prayer was made for taking action against the After registration of FIR, investigation proceedings were initiated. Rajesh Kumar, who had identified the impersonator, who had appeared for registration of transfer deed, was arrested. He was interrogated and suffered disclosure statement admitting his in the crime. The present petitioner, who was the impersonator of Devi was arrested on 06.01.2026, after her presence was secured by way of production warrants. She was interrogated and admitted her involvement in he had her thumb impressions on the transfer deed and that she had got snapped her photograph in place of Simla Devi at the time of registration of sale deed. Offence under Section 419 of IPC was added. Her thumb impressions were taken, which matched with that of the transfer feed. It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. She is in custody since long. Investigation now ose would be served by detaining her in accused has already been extended benefit of bail. The subject offences are triable by Magistrate. She is an old-aged lady suffering from several ailments. She is ready to abide by the terms and conditions to be Devi and the said sale deed had been cancelled. Prayer was made for taking action against the eedings were initiated. Rajesh Kumar, who had identified the was arrested. He was interrogated and suffered disclosure statement admitting his in the crime. The present petitioner, who was the impersonator of Devi was arrested on 06.01.2026, after her presence was secured by way of production warrants. She was interrogated and admitted her involvement in he had her thumb impressions on the transfer Devi at the time of registration of sale deed. Offence under Section 419 of IPC was added. th that of the transfer feed. It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. She is in custody since long. Investigation now ose would be served by detaining her in accused has already been extended benefit of bail. aged lady suffering ms and conditions to be AMIT SHARMA 2026.07.06 18:46 I attest to the accuracy and integrity of this order/judgment. CRM-M-33156- 5. Per contra, learned State counsel while relying upon the status report has argued that taking into consideration the gravity of the allegations as levelled against the petitioner, she does not deserve to be ext bail and the petition deserves to be dismissed. 6. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 7. The petitioner is alleged to have impersonated the victim Devi by appearing before the office of Joint Sub purpose of registration of a family transfer deed in favour of the co Krishan Kumar, who is son of the actual her are serious in nature and prima fa subject offences. However, she has been in custody since 02.01.2026. She ha also been in custody in under Sections 406, 420, 467, 468, 471 of IPC at Police Station District Kurukshetra which was also got registered by subsequent proposed purchaser of the property owned by considerable time to conclude since eve such her further settled proposition incarceration should not be replica of post the jail is to secure appearance of the accused during trial, and it cannot be preventive or punitive. of the considered opinion that the petitioner has made out a case for release on bail. Accordingly, the petition is allowed -2026 (O&M) 3 Per contra, learned State counsel while relying upon the status report has argued that taking into consideration the gravity of the allegations as levelled against the petitioner, she does not deserve to be ext bail and the petition deserves to be dismissed. This Court has heard the rival submissions made by learned counsel for the parties at considerable length. The petitioner is alleged to have impersonated the victim aring before the office of Joint Sub purpose of registration of a family transfer deed in favour of the co Krishan Kumar, who is son of the actual Simla her are serious in nature and prima facie make out a case for commission of subject offences. However, she has been in custody since 02.01.2026. She ha also been in custody in case bearing FIR No.103 dated 04.05.2023 registered under Sections 406, 420, 467, 468, 471 of IPC at Police Station District Kurukshetra which was also got registered by subsequent proposed purchaser of the property owned by Simla Devi. The trial is likely to take considerable time to conclude since even charges have not been framed. A such her further incarceration would not serve any fruitful purpose. proposition of law is that bail is the rule and jail is an exception. Pre incarceration should not be replica of post-conviction sentencing. The object of the jail is to secure appearance of the accused during trial, and it cannot be preventive or punitive. Keeping in view the above discussed facts, of the considered opinion that the petitioner has made out a case for release on bail. Accordingly, the petition is allowed and the petitioner is ordered to be Per contra, learned State counsel while relying upon the status report has argued that taking into consideration the gravity of the allegations as levelled against the petitioner, she does not deserve to be extended benefit of This Court has heard the rival submissions made by learned counsel The petitioner is alleged to have impersonated the victim Simla aring before the office of Joint Sub-Registrar, Pehowa for the purpose of registration of a family transfer deed in favour of the co-accused Simla Devi. The allegations against cie make out a case for commission of subject offences. However, she has been in custody since 02.01.2026. She had 103 dated 04.05.2023 registered under Sections 406, 420, 467, 468, 471 of IPC at Police Station City Pehowa, District Kurukshetra which was also got registered by subsequent proposed Devi. The trial is likely to take n charges have not been framed. As incarceration would not serve any fruitful purpose. The well of law is that bail is the rule and jail is an exception. Pre-trial conviction sentencing. The object of the jail is to secure appearance of the accused during trial, and it cannot be Keeping in view the above discussed facts, this Court is of the considered opinion that the petitioner has made out a case for release on and the petitioner is ordered to be Per contra, learned State counsel while relying upon the status report has argued that taking into consideration the gravity of the allegations as ended benefit of This Court has heard the rival submissions made by learned counsel Simla , Pehowa for the accused Devi. The allegations against cie make out a case for commission of d 103 dated 04.05.2023 registered City Pehowa, District Kurukshetra which was also got registered by subsequent proposed Devi. The trial is likely to take s The well trial conviction sentencing. The object of the jail is to secure appearance of the accused during trial, and it cannot be this Court is of the considered opinion that the petitioner has made out a case for release on and the petitioner is ordered to be AMIT SHARMA 2026.07.06 18:46 I attest to the accuracy and integrity of this order/judgment. CRM-M-33156- released on bail subject to her satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 8. It is, however, clarified that the observations made above shall not be construed as an expression of opinion of and shall not influence the outcome of the trial in any manner. 9. Since the main petition has been any, is rendered infructuous. 06.07.2026 Amit Sharma -2026 (O&M) 4 released on bail subject to her furnishing personal as well as surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistrate It is, however, clarified that the observations made above shall not be construed as an expression of opinion of this Court on the merits of the case and shall not influence the outcome of the trial in any manner. Since the main petition has been allowed, any, is rendered infructuous. (MANISHA BATRA) Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No hing personal as well as surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistrate It is, however, clarified that the observations made above shall not this Court on the merits of the case and shall not influence the outcome of the trial in any manner. allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No hing personal as well as surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistrate It is, however, clarified that the observations made above shall not this Court on the merits of the case pending application, if AMIT SHARMA 2026.07.06 18:46 I attest to the accuracy and integrity of this order/judgment.