Shilagha v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-6.8.2024 Shilagha ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gautam Dutt, Advocate and Mr. Ribhav Singla, Advocate for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana.

***** FIR No.

Dated Police Station Section/s 25.8.2023 Sector-5, Panchkula 406, 409, 420, 467, 468, 471 and 120-B of Indian Penal Code GURVINDER SINGH GILL, J. (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of anticipatory bail in respect of aforementioned FIR. 2.

At the time of issuance of notice of motion, the following order was passed on 15.5.2024:

"By way of present petition filed under Section 438 Cr.P.C., petitioner prays for grant of anticipatory bail in case FIR No.279 dated 25.08.2023 registered under Sections 406, 409, 420, 467, 468, 471, 120B IPC at Police Station Sector 5, Panchkula. Petitioner has been earlier allowed anticipatory bail by a coordinate Bench of this Court vide order dated 27.02.2024 (Annexure P.3) passed in CRM-M-47107 of 2023, in case FIR No.254 dated 12.08.2023 registered at Police Station, Sector-5,

( 2 ) Panchkula under Sections 409, 420 IPC and Section 13 of the Prevention of Corruption Act, 1988.

Learned Senior Counsel for the petitioner contends that that FIR No.254 (supra) was pertaining to the period from 01.01.2023 to 31.07.2023 during which petitioner was alleged to have embezzled the amount collected regarding traffic, licence fee etc.. The period of posting of the petitioner was pleaded by the respondent- State at that time to be during 07.04.2023 to 31.07.2023. Learned Senior Counsel has further drawn attention towards the fact that by incluidng the period from 06.04.2021 onwards, the present FIR has been registered, on the same allegations by the same complainant in the same Police Station.

Notice of motion.

Mr. Parveen Kumar Aggarwal, DAG, Haryana, accepts notice on behalf of the respondent- State.

Learned State Counsel seeks time to obtain necessary instructions to file the reply.

Adjourned to 06.08.2024.

In the meantime, in case of her arrest, the petitioner shall be released on interim bail subject to the satisfaction of the Arresting Officer/ Investigating Officer. However, it is further directed that the petitioner shall join the investigation as and when so required by the Investigating Officer. She shall not contact any person associated with the case to dissuade her from the investigation in any manner whatsoever and nor shall leave the country without prior permission of the Court. She shall further comply with the conditions stipulated in Section 438(2) Cr.P.C." 3.

Learned State counsel, upon instructions from the Investigating Officer, has informed that name of the petitioner stands deleted from the FIR. It has also been informed that pursuant to interim directions, the petitioner has since joined investigation and he is not required for any custodial interrogation.

( 3 ) 4.

Having regard to the aforestated position, wherein the name of the petitioner stands deleted from the FIR and the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the instant petition is accepted and the interim directions issued by this Court vide order dated 15.5.2024 are hereby made absolute, subject to the condition that the petitioner 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.

6.8.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No