Reema Alias Reema Kaushal v. State Of Haryana And ANR
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of decision : May 09, 2024 Reema @ Reema Kaushal ....Petitioner
VERSUS
State of Haryana and another ....Respondents
CORAM:
HON'BLE MR. JUSTICE KULDEEP TIWARI Present :
Mr. SS Dinarpur, Advocate with Mr. Rohit Singh, Advocate, for the petitioner Mr. Abhinash Jain, DAG, Haryana KULDEEP TIWARI,J. (ORAL) 1.
On 19.4.2024, this Court passed the following order:- "1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner, a quinquagenarian lady, seeks the concession of anticipatory bail, in case FIR No.124 dated 26.03.2022, under Sections 420, 467, 468, 471, 120-B of the IPC, registered at P.S. Gandhi Nagar, Yamuna Nagar, District Yamuna Nagar.
2. The learned counsel for the petitioner, in his asking for the relief (supra), submits that, just to exert undue pressure upon the petitioner, a civil dispute has been camouflaged as a criminal litigation. In fact, the alleged sale transactions, which caused grievance to
the complainant and triggered him to register the present FIR, dates back to a couple of decades ago and in respect thereof, two civil suits are already pending.
3. The learned counsel for the petitioner further submits that, even if the allegations are taken to be a gospel truth, yet the custodial interrogation of the petitioner is not required, as the case is based upon documentary evidence. Lastly, he submits that the petitioner is ready to join the investigation and to cooperate with the investigating officer.
4. Notice of motion for 09.05.2024.
5. Mr. Bhupender Singh, D.A.G., Haryana, accepts notice on behalf of respondent No.1-State of Haryana.
6. In the meantime, the petitioner is directed to join the investigation and to appear before the investigating agency, as and when called upon to do so. In the event of her arrest, she shall be admitted to interim bail on her furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C."
2.
Today, the learned State counsel on instructions imparted to him by SI Rohit Singh, submits that the petitioner has already joined the investigation and he is fully co-operating with the investigation process and he is not required for any further custodial interrogation.
3.
In view of the specific stand taken by the learned State
counsel, the present petition is allowed and order dated 19.4.2024 is, hereby, made absolute subject to the condition that the petitioner shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.
( KULDEEP TIWARI ) May 09, 2024 JUDGE 'tiwana'
Whether speaking/reasoned ?
Yes/No Whether Reportable ?
Yes/No