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High Court of Punjab and HaryanaCRM-M/28558/2020disposed of

Sunaina v. State Of Haryana

2020-11-23Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-28558-2020 (O&M) Date of decision : 23.11.2020 Sunaina .....Petitioner Vs.

State of Haryana .....Respondent CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Ms. Nupur Choudhary, Advocate, for the petitioner. Mr. Naveen Singh Panwar, DAG, Haryana.

ALKA SARIN, J. (ORAL) Heard through video conferencing.

On 21.09.2020, the following order was passed:- "Heard through video conferencing.

This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.189 dated 28.06.2020 under Sections 341, 379A read with Section 34 of the Indian Penal Code, 1860 registered at Police Station Rai, Sonipat.

Learned counsel for the petitioner has contended that the petitioner is neither named in the FIR nor any role has been attributed to her. In fact, her husband is the one who has been named in the FIR and against whom allegations have been made. The anticipatory bail application filed by the husband, i.e., CRM-M No.19205 of 2020 was dismissed by this Court on 17.07.2020. It has further been contended by learned counsel for the petitioner that the petitioner has two minor daughters whom she needs to take care of.

Notice of motion.

On the asking of the Court, Mr. Deepak Bhardwaj, DAG, Haryana has joined the session through TRIPTI SAINI 2020.11.24 12:11 I attest to the accuracy and integrity of this document

CRM-M-28558-2020 (O&M) -2- video conferencing and accepts notice on behalf of the respondent-State. Learned State counsel prays for some time to complete his instructions.

List on 23.11.2020.

Meanwhile, the petitioner is directed to join investigation as and when called for. In the event of arrest, the petitioner shall be admitted to interim bail on furnishing adequate surety and personal bonds to the satisfaction of the Arresting Officer. The petitioner shall abide by all the terms and conditions as specified in Section 438(2) of the Code of Criminal Procedure, 1973."

Learned counsel for the State, on instructions from ASI-Prem Parkash, has stated that the petitioner has since joined investigation and has fully co-operated and she is no longer required for further investigation as of now.

In view of the above, the order dated 21.09.2020 is made absolute. The petitioner shall, however, join investigation as and when called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. Disposed off accordingly.

November 23, 2020 (ALKA SARIN) tripti JUDGE NOTE:

Whether speaking/non-speaking: Yes/No Whether reportable: Yes/No TRIPTI SAINI 2020.11.24 12:11 I attest to the accuracy and integrity of this document