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High Court of Punjab and HaryanaCRM-M/27155/2020allowed

Kamlesh Dogra v. State Of Punjab

2021-01-15Mr. Justice Gurvinder Singh Gill3 pages

In The High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-27155-2020 (O&M) Date of Decision:- 15.1.2021 Kamlesh Dogra ... Petitioner

Versus

State of Punjab ... Respondent (II) CRM-M-22459-2020 (O&M) Neha Dogra ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Anil Sagar, Advocate, for the petitioner(s).

Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by SI Pritpal Singh.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

This order shall dispose of the above mentioned two petitions wherein petitioners Kamlesh Dogra and Neha Dogra, are seeking

CRM-M Nos. 27155 & 34828 of 2020 (O&M) - 2 - grant of anticipatory bail in a case registered vide FIR No.205, dated 28.9.2019, Police Station Phase-1, SAS Nagar, under Sections 420, 404 IPC.

2.

At the time of issuance of notice of motion on 10.9.2020 in CRM-M27155-2020 the following order was passed :- "Learned counsel for the petitioner contends that as per the FIR the petitioner's daughter Neha Dogra had withdrawn an amount of approximately `90,000/- by using ATM card in respect of an account of complainant's son namely Hirday Pal Singh who had in fact expired. Learned counsel for the petitioner has submitted that the aforesaid account holder Hirday Pal Singh is none-else but husband of Neha Dogra, daughter of the petitioner and that in any case, there is no such allegation to the effect that the petitioner had used ATM card in question.

Notice of motion for 15.1.2021.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to her furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the 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." 3.

Learned State counsel has submitted that pursuant to interim directions issued by this Court on 10.9.2020 in CRM-M-27155-2020 and vide order dated 30.10.2020 in CRM-M-34828-2020, both the petitioners have since joined investigation and are not required for custodial interrogation.

CRM-M Nos. 27155 & 34828 of 2020 (O&M) - 3 - 5.

In view of the aforestated position, both the petitions are accepted and the interim directions issued vide order dated 10.9.2020 passed in CRM-M-27155-2020 and order dated 30.10.2020 in CRM-M-348282020 are hereby made absolute subject to the condition that the petitioners shall appear and join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C. January 15, 2021 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No