High Court of Punjab and HaryanaCRM-M/1584/2021dismissed

Vijay Kumari v. State Of Haryana

2021-01-18Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-1584-2021 Decided on : 18.01.2021 Vijay Kumari . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Parminder Walia, Advocate for the petitioner(s).

Ms. Tanushree Gupta, DAG, Haryana.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail, in case FIR No.257, dated 11.09.2020, under Section 174-A IPC, registered at Police Station Pinjore, District Panchkula.

Learned counsel for the petitioner submits that the petitioner was unaware about the registration of the FIR No. 159, dated 13.06.2018, under Sections 406, 420 and 120-B IPC, registered at Police Station Pinjore, District Panchkula, and the order declaring her a proclaimed offender, when she approached this Court (CRM-M-42641-2020), for grant of anticipatory bail and vide order dated 12th January, 2021, in FIR No. 159, dated 13.06.2018, wherein, she was granted interim bail. Hence, a prayer has been made that in the aforementioned background, she may be enlarged on bail in the instant FIR as well. It has also been submitted that the proceedings under Section 82 Cr.P.C. were initiated against the petitioner JAWALA RAM 2021.01.21 16:16 I attest to the accuracy and authenticity of this document Chandigarh without complying with the provisions of the Cr.P.C. and hence the order

CRM-M-1584-2021 - 2 - declaring the petitioner as a proclaimed offender was bad in law. Heard.

The order dated 12th January, 2021, vide which this Court had granted the concession of interim bail to the petitioner in CRM-M-426412020, was seemingly procured by concealing the factum of the petitioner having been declared a proclaimed offender.

When, a pointed query was put to the learned counsel for the petitioner, as to whether the factum of petitioner having been declared a proclaimed offender, was brought to the notice of this Court, it was submitted by him that it was not in his knowledge and it was only subsequently, he learnt that she had been declared a proclaimed offender on 30.09.2019. Strangely, even the State counsel did not inform the Court that the petitioner had been declared a proclaimed offender, even through vide order dated 17th December, 2020, the State of Haryana had been put on notice in CRM-M-42641-2020.

In the circumstances, the reliance placed by the learned counsel for the petitioner on grant of interim bail in CRM-M-62641-2020 would not come to her rescue.

Petition stands dismissed accordingly.

(MANJARI NEHRU KAUL) JUDGE January 18, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.01.21 16:16 I attest to the accuracy and authenticity of this document Chandigarh