High Court of Punjab and HaryanaCRM-M/9946/2023disposed of

Urmilla Devi v. State Of Haryana And Another

2023-05-02Mr. Justice Anoop Chitkara2 pages

2023:PHHC:063170

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-9946-2023 Date of Decision: 02.05.2023 Urmila Devi ......... PeƟƟoner

Versus

State of Haryana and another ......... Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present

Mr. Ranjit Singh Ghuman, Advocate for the peƟƟoner/complainant. Mr. Rajat Gautam, Addl. A.G. Haryana.

Ms. Mehak Sawhney, Advocate for accused/respondent No. 2. **** ANOOP CHITKARA, J. (ORAL) FIR No.

Dated Police StaƟon SecƟons 13.08.2016 City Palwal, District Palwal 420, 406, 120-B IPC The present peƟƟon has been filed under SecƟon 439 (2) Cr.P.C. for cancellaƟon/seƫng aside of regular bail granted to respondent No. 2 vide order dated 21.01.2023 by the Court of learned AddiƟonal Sessions Judge, Palwal in the above capƟoned FIR.

Reply dated 30.04.2023 filed by counsel for respondent No.2 today in the Court is taken on record. Counsel for respondent No. 2 submits that previous order was complied with and she further submits that maƩer relates to the year 2016 and bail should not be cancelled, she would have no objecƟon whatsoever in case any condiƟons are imposed upon him.

Complainant's son is present along with his counsel and submits that there is a possibility of threat to their lives and seeks cancellaƟon of the bail. JYOTI 2023.05.04 15:31 I attest to the accuracy and integrity of this order/judgment.

CRM-M-9946-2023 2023:PHHC:063170 4.

Given the candid statement of respondent No. 2 about further condiƟons, the present peƟƟon is disposed of. It is clarified that in the bail order, the following condiƟons shall stand inserted.

(i) Given the nature of allegaƟons and the other circumstances peculiar to this case, respondent No. 2 shall surrender all weapons, firearms, ammuniƟon, if any, along with the arms license to the concerned authority within ten days from today and inform the InvesƟgator about the compliance. However, subject to the Indian Arms Act, 1959, respondent No.

2 shall be enƟtled to renew and take it back in case of acquiƩal in this case. (ii) In case, the complainant files any other civil suit or other civil proceedings where the quesƟon of limitaƟon is a relevant fact or it goes into operaƟon, respondent No. 2 undertakes not to take up the plea of limitaƟon in any Court or in any Forum.

The complainant is at liberty to seek enforcement of his rights under Annexure P-3 based on which, this Court had granted bail to the accused and the accused shall not raise quesƟon of limitaƟon while seeking such enforcement by Court. It is clarified that the observaƟons made by this Court shall not adversely affect the civil suit which is already filed by the peƟƟoner and is pending. (ANOOP CHITKARA) JUDGE 02.05.2023 JyoƟ-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.05.04 15:31 I attest to the accuracy and integrity of this order/judgment.