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High Court of Punjab and HaryanaCRM-M/20206/2019allowed

Shika Jain And ANR. v. State Of Punjab

2021-09-06Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 06.09.2021 Smt. Shika Jain and another -Petitioners

Versus

State of Punjab -Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. N.S. Mahal, Advocate, for the petitioners.

Mr. Amar Ashok Pathak, Addl. A.G., Punjab.

Mr. Sunil Agnihotri, Advocate, for the complainant.

**** RAJ MOHAN SINGH, J. (Oral) Petitioners seek grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.0028 dated 15.03.2019 registered under Sections 420, 120-B IPC and under Section 24 of Immigration Act at Police Station Mukerian, District Hoshiarpur.

On 03.05.2019, following order was passed:- "Learned counsel for the petitioners submits that the petitioners and the complainant were Directors in the same company and the allegations are patently false inasmuch as the

-2daughter of the complainant was aged barely 5 years at the time of the occurrence and it is unlikely that the complainant would have thought of sending his daughter abroad at such a tender age.

Notice of motion for 8.8.2019.

Meanwhile, in the event of arrest, the petitioners be released on interim bail subject to their furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioners shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.

May 3, 2019 ( GURVINDER SINGH GILL ) mohan JUDGE"

Learned counsel for the complainant made a hectic persuasion to refer this case to Mediation and Conciliation Centre for amicable resolution of dispute.

Learned counsel for the petitioners submits that the matter was referred to Mediation and Conciliation Centre on earlier occasion, but the same yielded no result.

-3In pursuance of order dated 03.05.2019, petitioners have joined the investigation.

This fact has been admitted by learned State counsel on instructions from ASI Mahender Singh and submits that even challan has been submitted to the Court and presence of the petitioners is not required anymore.

In view of aforesaid factual position, the interim order dated 03.05.2019 is made absolute. However, the petitioners shall keep on appearing before the trial Court regularly. Disposed of.

September 06, 2021 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No