High Court of Punjab and HaryanaCRM-M/18242/2021disposed of

Divya Sharma @ Simmi Sharma v. State Of Punjab

2022-03-04Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-18242-2021 (O&M) Date of decision : 04.03.2022 Divya Sharma @ Simmi Sharma ... Petitioner(s)

Versus

State of Punjab ... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. K.S. Bal, Advocate for the petitioner.

Mr. H.S. Multani, AAG Punjab.

ALKA SARIN, J. (ORAL) Heard in physical mode.

This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.45 dated 25.02.2021 under Sections 420 and 120-B of the Indian Penal Code, 1860, besides Section 13 of the Punjab Travel Professionals (Regulation) Act, registered at Police Station Civil Lines Amritsar, District Police Commissionerate Amritsar.

On 23.08.2021, the following order was passed:- "Heard through video conferencing.

The petitioner is seeking anticipatory bail in FIR No.45 dated 25.02.2021, under Sections 420 and 120-B of the Indian Penal Code, 1860, besides Section 13 of the Punjab Travel Professionals (Regulation) Act, registered at Police Station Civil Lines Amritsar, District Police Commissionerate Amritsar.

Learned counsel for the petitioner contends that the petitioner was working as a receptionist with the Company.

It is alleged that a sum of 1,15,000/- was paid in the account of the petitioner. YOGESH SHARMA 2022.03.05 11:04 I attest to the accuracy of this order.

Punjab and Haryana High Court at Chandigarh

CRM-M-18242-2021 (O&M) -2He also contends that there is a delay of two years in registering the FIR. He further contends that the petitioner will try to settle the matter with the complainant.

Issue notice to the respondent.

At the asking of the Court, Mr. Dhruv Dayal, Senior DAG, Punjab, accepts notice on behalf of the respondent-State.

List on 20.09.2021.

The arrest of the petitioner shall remain stayed till the next date of hearing"

Learned counsel for the petitioner has contended that the petitioner has since joined the investigation and is fully co-operating. Learned counsel for the State, on instructions from ASI Rajesh Kumar, has stated that the petitioner has since joined the investigation and that she is no longer required for further custodial interrogation as of now. In view of the above, the order dated 23.08.2021 is made absolute. The petitioner shall, however, join the investigation as and when called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. Disposed off accordingly.

( ALKA SARIN ) JUDGE NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO 04.03.2022 Yogesh Sharma YOGESH SHARMA 2022.03.05 11:04 I attest to the accuracy of this order.

Punjab and Haryana High Court at Chandigarh