Aditi Kohli v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 11.11.2021 Aditi Kohli and another .... Petitioners

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sandeep Punchhi, Advocate, for the petitioners. Mr. Harbir Sandhu, AAG, Punjab, assisted by SI Narinder Singh.

Mr. Rahul Bhargava, Advocate, for the complainant. (Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered against them vide FIR No. 60, dated 29.5.2019, Police Station Division No.2, Jallandhar, under Sections 406, 420 read with Section 120-B, IPC 2.

At the time of issuance of notice of motion the following order was passed on 29.6.2021:

- 2 - "Learned counsel for the petitioners contends that marriage of petitioner No.1 was solemnized with Navjot Kohli in the year 2004. Matrimonial dispute is pending between them for which a divorce petition was filed on 30.03.2018 i.e. prior to registration of FIR. It has been alleged that the petitioners are signatories to the receipts executed in respect of payments received in the year 2014.

Learned counsel further contends that Navjot Kohli is the prime accused against whom allegations have been made by the complainant. Petitioners are neither the partners nor related to Mansukh company which was being run by Navjot Kohli. Petitioners have denied execution of receipts. On the other hand, learned counsel for the complainant has vehemently submitted that the petitioners are the signatories of the receipts in token of confirmation of payments received by the accused party. Factum of issuance of receipts would be subject to proof of execution for which petitioners are ready and willing to join the investigation. Notice of motion for 20.09.2021.

In the meanwhile, petitioners are directed to appear before the SHO/Investigating Officer to join investigation on 04.07.2021 at 11.00 A.M. and in the event of their arrest, they shall be enlarged on interim bail, subject to their furnishing requisite bail bonds/surety bonds to the satisfaction of Arresting Officer. However, petitioners shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Nothing expressed hereinabove shall be construed to be an opinion on the merits of the case. The case shall be decided on merits on the adjourned date."

- 3 - 3.

The learned State counsel, upon instructions from SI Narinder Singh, has informed that pursuant to interim directions issued by this Court, the petitioners have since joined investigation and that their custodial interrogation is not required. It has further been informed that the petitioners are not wanted in any other case. 4.

In view of the aforestated position wherein the petitioners are stated to have joined investigation and are not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 29.6.2021 are hereby made absolute subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

11.11.2021 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No