Aashima @ Aashima Sawhney v. State Of Punjab

2024:PHHC:051315 CRM-M-4563-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (208) CRM-M-4563-2024 Date of Decision:-16.04.2024 Aashima@Aashima Sawhney ......Petitioner

Versus

State of Punjab ......Respondent

CORAM:

HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. APS Sandhu, Advocate for the petitioner. Mr. Siddharth Attri, AAG, Punjab.

**** ALOK JAIN, J. (Oral) 1.

Prayer is for grant of anticipatory bail in case FIR No.063 dated 17.04.2023, under Sections 420, 34 of IPC and Section 13 of Punjab Prevention of Human Smuggling Act, 2012, registered at Police Station Cantonment Police Commissionerate Amritsar.

2.

Vide order dated 02.02.2024, this Court while granting the concession of interim anticipatory bail directed the petitioner to join investigation.

3.

Learned counsel for the petitioner submits that although the petitioner has joined the investigation, however, during the interregnum the matter has been compromised between the complainant and the substantial payment has been made. He further undertakes to stay bound by the compromise effected between the parties as it has been stated that the parties are in the process of moving an appropriate application for quashing of the FIR on the basis of compromise.

4.

Learned State counsel, on instructions from ASI Harjinder Manju 2024.04.18 12:35 I attest to the accuracy and integrity of this document

2024:PHHC:051315 CRM-M-4563-2024 Singh submits that the petitioner has joined the investigation and his custodial interrogation is no longer required and the petitioner has also replied to all the queries raised by the Investing Officer. 5.

In view of above and without prejudice to the rights of the complainant, the petition is allowed. The order dated 02.02.2024 granting interim anticipatory bail to the petitioner, is made absolute. However, the petitioner shall join the investigation as and when called upon to do so by the Investigating Agency and shall abide by the conditions of Section 438

(2) Cr.P.C.

6.

However, nothing stated above shall be construed as a final expression of opinion on the merits of the case. 7.

It is made clear that, in case, the petitioner is found involved in any such activity once again, the State is at liberty to promptly move an appropriate application for cancellation of bail detailing out the circumstances and violation of the condition(s) of bail. (ALOK JAIN) 16.04.2024 JUDGE manju Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No Manju 2024.04.18 12:35 I attest to the accuracy and integrity of this document