BALBIR KAUR Vs. STATE OF H.P.

JUDGEMENT

(1.) F .I.R. No. 238 of 2011 was registered at Police Station, Sadar, Distt. Shimla, H.P. on 20.11.2011, under the provisions of Sections 419, 420, 467, 471, 468, 120-B read with Section 34 of the Indian Penal Code. According to the complainant, their mother i.e. the present petitioner, withdrew certain sum of compensation which was awarded as a result of death of his father Sh. Harchand Singh. At the time of withdrawal of the amount of compensation, complainant was minor and their mother forged his signatures and withdrew the amount. The amount falling to the share of the complainant was neither accounted for nor given to the complainant. The F.I.R. was registered on 20.11.2011. The police investigated the matter and no arrest was made. It was only in the month of February, 2013 when the mother apprehended her arrest, she approached the Court for grant of bail under the provisions of Section 438 of the Code of Criminal Procedure. On 1st February, 2013 this Court granted interim bail, subject

(2.) TO certain conditions and directed the petitioner to join the investigation. Record reveals that the said order has been extended from time to time. The petitioner has been fully cooperating during the course of investigation and has always made herself available as and when required.

(3.) THIS Court has taken into account the nature of accusation, the severity of punishment in case of conviction and the material so far collected by the prosecution during investigation. I am of the considered view that there is no apprehension made out by the State that in the event of the petitioner being enlarged on bail, she would tamper with the witnesses or extend any threats to the complainant. There is no probability of the petitioner abusing her liberty nor would she interfere or in any manner impede with the course of justice. Petitioner is also not likely to flee from justice. She, through his learned counsel, undertakes to make herself available during the course of investigation, if required, as also during trial, if any.