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2025 DAILYLAW 85115 (PNJ)

DARSHANA RANI v. STATE OF PUNJAB

CRM-M/40933/2025 · 2025-09-04

Vinod S Bhardwaj

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 214 CRM-M-40933-2025 Date of decision: 04.09.2025 DARSHANA RANI ......Petitioner VERSUS STATE OF PUNJAB .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ ***** Present: - Mr. Sandeep Saini, Advocate with Ms. Khushboo, Advocate for the petitioner. Mr. Mohit Kapoor, Senior DAG, Punjab. ***** VINOD S. BHARDWAJ, J. (Oral) The instant second petition is for seeking concession of regular bail in case bearing FIR No. 222 dated 12.12.2023 registered under Sections 370(4), 363, 363-A and 120-B of the Indian Penal Code, 1860 at Police Station Balongi, District S.A.S. Nagar, Mohali. 2. The facts of the present petition, as borne out from the record, are that on 12.12.2023, a police party headed by ASI Surinder Singh was present near Balongi bridge in connection with patrolling and checking of anti-social elements, when secret information was received that Surinder Kaur, wife of Parvinder Singh, and Darshana Rani, wife of Jeet Ram, were VISHAL SHARMA 2025.09.04 19:19 I attest to the accuracy and integrity of this document CRM-M-40933-2025 -2- engaged in the business of kidnapping children and thereafter selling them for the purpose of begging. It was further disclosed that on the said day, both accused were on their way to Spice Chowk, Mohali, with the intention of selling a small child. Acting upon this information, the present FIR came to be registered, and both accused were apprehended. During investigation, accused Darshana Rani made a disclosure statement stating that the child recovered from her and co-accused Surinder Kaur had been handed over to them by Gurwinder Kaur @ Gurleen Kaur. 3. Learned Counsel appearing on behalf of the petitioner contends that the petitioner is a 70 years old lady and has no criminal antecedents. He contends that out of total 19 witnesses, only 01 witness has been examined so far. She has undergone an actual custody of 01 year, 08 months and 16 days. He further submits that the missing child in question had not been recovered from the possession of the petitioner and was in fact in possession of the co-accused Surinder Kaur. 4. Counsel for the respondent-State has filed the custody certificate dated 03.09.2025 as well as the Status report dated 02.09.2025 by way of affidavit of Karan Singh Sandhu, PPS, Deputy Superintendent of Police, Sub Division, Kharar-1, District S.A.S. Nagar in the Court today and he also does not dispute the aforesaid facts. 5. I have heard learned counsel appearing on behalf of the respective parties. 6. In view of the facts noticed above and taking into consideration the period of custody, the clean antecedents of the petitioner, the stage VISHAL SHARMA 2025.09.04 19:19 I attest to the accuracy and integrity of this document CRM-M-40933-2025 -3- of trial as well as the absence of recovery from the petitioner. I deem it appropriate to enlarge the petitioner on regular bail to the satisfaction of the trial Court. 7. The instant petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing requisite bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate, concerned. 8. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly. 9. The observation made hereinabove shall not be construed as an expression on the merits of the case and the Trial Court shall decide the case on the basis of available material. (VINOD S. BHARDWAJ) SEPTEMBER 04, 2025 JUDGE Vishal Sharma Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No VISHAL SHARMA 2025.09.04 19:19 I attest to the accuracy and integrity of this document