High Court of Punjab and HaryanaCRM-M/33660/2023allowed

Manpreet Singh v. State Of Haryana

2023-10-05Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:128997 CRM-M-33660-2023 Date of decision: October 5th, 2023 Manpreet Singh .....Petitioner

Versus

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

Present:

Mr. Rajat Rana, Advocate for the petitioner.

Ms. Trishanjali Sharma, Deputy Advocate General, Haryana.

Mr. Reet Kamal Handa, Advocate for Mr. Rahul Singla, Advocate for the complainant.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the present petition filed under Section 438 Cr.P.C. is for the grant of anticipatory bail to the petitioner in FIR No.105 dated 10.06.2023 registered under Sections 406, 420 and 34 of the IPC and Section 10 of the Immigration Act, 1983, at Police Station Jathlana, District Yamuna Nagar. Vide order dated 02.08.2023, the petitioner 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 petitioner submits that the petitioner has falsely been implicated in the present case; that the petitioner was neither the employee of firm, namely, M/s Eduwise Immigration Consultants Company, nor he had worked for the said company; that the petitioner has not signed the alleged agreement PUNEET SACHDEVA 2023.10.05 16:22 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-33660-2023 -2executed between the company and the complainant; that the only allegation against the petitioner is that an amount of Rs.10,000/- was transferred in the account of the petitioner through Gpay by the complainant and that there is no specific allegation against the petitioner. He further submits that the complainant was provided with the Labour Market Impact Assessment for SMT (Annexure P-3), which was to expire on 20.12.2022." Learned counsel for the petitioner submits that in compliance of order dated 02.08.2023, the petitioner has joined investigation and cooperated with the investigating agency. On a pointed query put to the learned State counsel, she on instructions has not disputed the factum of the petitioner having joined investigation and cooperated with the investigating agency.

She, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation. In view of the above, the petition is allowed and interim order dated 02.08.2023, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

October 5th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2023.10.05 16:22 I attest to the accuracy and integrity of this document.

Chandigarh