Parveen Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on :24.09.2024 PARVEEN KUMAR . . . Petitioner(s)

Versus

STATE OF HARYANA . . . Respondent(s)

CORAM:

HON'BLE MS. JUSTICE KIRTI SINGH PRESENT: Mr. D.S.Saini, Advocate for the petitioner.

Mr. Anmol Malik, DAG, Haryana.

Mr. P.S.Sullar, Advocate for the complainant. **** KIRTI SINGH, J. (Oral) The jurisdiction of this Court under Section 439 Cr.P.C. has been invoked for grant of regular bail to the petitioner in case FIR No.171 dated 18.09.2022 under Sections 406, 420 and 506 of IPC (Section 370 of IPC added later on) and Section 24 of the Immigration Act registered at Police Station Naggal, District Ambala.

2.

The brief facts of the case are that allegedly the peitioner had defrauded the complainant for a sum of Rs.10 lakhs on the pretext of sending him abroad.

3.

This Court had, vide order dated 20.08.2024 on the request of the parties had referred the present matter to the Mediation and Conciliation Centre of this Court, for exploring the probabilities of amicable settlement between the parties. The efforts of the mediator reaped fruits and the parties have amicably settled the matter, as is evident from the settlement

- 2 - agreement of even date. Therefore, when the veracity of the allegations leveled against the petitioner shall be established during the course of the trial, hence without entering into merits of the matter, coupled with the 'No Objection' purveyed by the learned counsel for the complainant, besides the assurance rendered by the learned counsel for the petitioner to abide by the terms and conditions of the settlement agreement (supra), this Court deems it appropriate to grant the relief of regular bail to the petitioner, who is behind the bars since 22.03.2024.

4.

Without commenting anything on the merits of the case, lest it may prejudice the trial, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate. The petitioner shall also abide by the following conditions:- (I) The petitioner will not tamper with the evidence during the trial. (II) The petitioner will not pressurize/intimidate the prosecution witness(s).

(III) The petitioner will appear before the trial Court on the date fixed, unless personal presence is exempted.

(IV) The petitioner shall not commit an offence similar to the offence of which he is accused of, or for commission of which he is suspected.

(V) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

5.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail before this Court.

- 3 - 6.

However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial Court would proceed independently of the observations made in the present case which are only for the purpose of adjudicating the present bail petition. (KIRTI SINGH) JUDGE 24.09.2024 Kavita Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No