High Court of Punjab and HaryanaCRM-M/31199/2023allowed

Chouli Devi And ANR v. State Of Haryana

2023-12-11Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:157945 CRM-M-31199-2023 Date of decision: December 11th, 2023 Chouli Devi and another .....Petitioners

Versus

State of Haryana .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Aditya Gautam, Advocate for the petitioners.

Ms. Trishanjali Sharma, Deputy Advocate General, Haryana.

MANJARI NEHRU KAUL, J. (ORAL) Petitioners are seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.58 dated 03.03.2023 under Sections 406, 420 of the Indian Penal Code, 1860, registered at Police Station Saha, District Ambala.

Vide order dated 06.07.2023, the petitioners had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel for the petitioners contends that the complainant Ramesh Kumar had entered into an agreement to sell with Rajvinder Kaur on 02.03.2022. However, the said deal did not materialize and the parties entertained into a compromise, wherein the petitioners agreed to pay a sum of Rs. 6 lacs to the complainant in order to purchase the said property. He submits that the title to the property was never acquired by the petitioners and the allegations made by the complainant that he suffered wrongful loss in PUNEET SACHDEVA 2023.12.11 16:53 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-31199-2023 -2the said transaction would not be made out. He submits that the case of the prosecution is based on documentary material, therefore, custodial interrogation of the petitioners may not be necessary."

Learned counsel for the petitioners submits that in compliance of order dated 06.07.2023, the petitioners have joined investigation and cooperated with the investigating agency. Learned State counsel, on instructions, does not dispute the factum of the petitioners having joined investigation and cooperated with the investigating agency. She on further instructions submits that the petitioners are not required for further investigation much less for their custodial interrogation.

In view of the above, the petition is allowed and interim order dated 06.07.2023 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

December 11th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.12.11 16:53 I attest to the accuracy and integrity of this document.

Chandigarh