Seema v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh I) CRM-M-39951-2020 (O&M) Seema ... Petitioner

Versus

State of Haryana ... Respondent II) Dharambir ... Petitioner

Versus

State of Haryana ... Respondent \ Date of Decision:-7.4.2022

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Amit Kohar, Advocate for the petitioner(s). Mr. Rahul Mohan, DAG, Haryana, assisted by SI Mehar Singh.

Mr. Vikas Kumar Gupta, Advocate for the complainant. ***** GURVINDER SINGH GILL, J.(Oral) 1.

This order shall dispose of the above mentioned two petitions filed on behalf of petitioners Seema and Dharambir seeking grant of anticipatory bail in respect of a case registered vide FIR No.10 dated 18.1.2020, Police Station Radaur, District Yamuna Nagar, under Sections 420, 467, 468, 471, 506 and 120-B of Indian Penal Code.

( 2 ) CRM-M-39951-2020 (O&M) & 2.

At the time of issuance of notice of motion in CRM-M-41669 of 2020, the following order was passed on 11.12.2020:

"The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No.10 dated 18.1.2020 at Police Station Radaur, District Yamuna Nagar under Sections 420, 467, 468, 471, 506 and 120-B.

The FIR was registered by one Guljar Singh, who is none else but father of the petitioner, wherein it has been alleged that the petitioner alongwith his wife Seema Devi and Harbans Kaur had stolen some cheques and documents of the applicant from his house regarding which FIR No.118 dated 18.7.2019 at Police Station Radaur, District Yamunanagar under Sections 379 and 506 of Indian Penal Code was lodged. It is alleged that the said accused, however, have still been threatening the applicant by stating that they would continue misusing his documents and will infact get him implicated in false cases and also issued threats to kill him.

The learned counsel for the petitioner has submitted that a false FIR has been lodged and infact the earlier FIR i.e. FIR No.118 dated 18.7.2019, was inquired into and cancellation report has been filed.

Notice of motion for 7.4.2021.

At this stage, Mr. Vikas Gupta, Advocate has put in appearance on behalf of the complainant and accepts notice on behalf of the complainant.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his 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 ) CRM-M-39951-2020 (O&M) & 3.

Even in the other petition i.e. CRM-M-39951 of 2020, this Court while issuing notice of motion on 2.12.2020, had granted interim bail to the petitioner.

4.

Learned State counsel, upon instructions from SI Nehar Singh, has informed that pursuant to interim directions, the petitioners have joined investigation and are not required for any custodial interrogation. Learned State counsel has further informed that the petitioners are involved in two more cases based on similar allegations.

5.

I have considered rival submissions addressed before this Court. 6.

Without commenting anything as regards merits of the case but while noticing that the petitioners have joined investigation and are not required for any custodial interrogation, both the petitions are accepted and the interim directions issued by this Court vide order dated 11.12.2020 (passed in CRMM-41669 of 2020) and order dated 2.12.2020 (passed in CRM-M-39951 of 2020) are hereby made absolute, subject to the condition that the petitioners 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.

7.

A photocopy of this order be placed on the file of connected case. 7.4.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No