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High Court of Punjab and HaryanaCRM-M/31247/2022allowed

Kanika v. State Of Haryana

2022-11-09Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-31247-2022 (O&M) Date of Decision:- 9.11.2022 Kanika ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rajesh Goyal, Advocate for the petitioner. Mr. Rajiv Sidhu, DAG, Haryana.

***** GURVINDER SINGH GILL , J .(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against her vide FIR No. 414, dated 18.4.2019, Police Station I&P Karnal, Haryana, under Sections 132 and 151 of Electricity Act.

2.

At the time of issuance of notice of motion on 21.7.2022, the following order was passed :

"The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.414, dated 18.4.2019, Police Station I and P Karnal, Haryana, under Sections 132 and 151 of Electricity Act. Learned counsel for the petitioner submits that as per the case of prosecution, the premises in question were inspected on 12.4.2019 and upon finding that electricity was being unauthorizedly drawn, a penalty of Rs.77,051/- was imposed.

KAMAL KUMAR 2022.11.10 09:41 I attest to the accuracy and authenticity of this document

( 2 ) CRM-M-31247-2022 (O&M) Learned counsel for the petitioner submitted that the petitioner has already challenged the report of Electricity Department by way of filing a civil suit and that otherwise she has already deposited the entire amount of penalty. Learned counsel has submitted that while the inspection was conducted in the year 2019, the petitioner had already been married to Naveen in the year February 2018 and had left the said premises i.e. her parental home. Learned counsel, in order to hammer forth his aforesaid submission, has drawn the attention of this Court to a copy of wedding invitation card annexed as Annexure P-3.

Notice of motion for 9.11.2022.

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 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. "

3.

Learned State counsel has informed that pursuant to interim directions issued by this Court the petitioner has since joined investigation and is not required for any custodial interrogation and is not wanted in any other case. 4.

Having heard the learned counsel and bearing in mind the facts and circumstances of the case and also that the petitioner has already joined investigation and is not required for any custodial interrogation, the present petition is accepted and the interim directions issued by this Court vide order dated 21.7.2022 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. 9.11.2022 ( Gurvinder Singh Gill ) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No KAMAL KUMAR 2022.11.10 09:41 I attest to the accuracy and authenticity of this document