Uttam Chand And Another v. State Of Haryana

CRM-M No.36768 of 2024 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.36768 of 2024 (O & M) Date of decision : 9.9.2024 Parveen Bala .............Petitioner

Versus

State of Haryana .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Jagtar Kureet, Advocate, for the petitioner Ms. Priyanka Sadar, AAG, Haryana --- SUMEET GOEL, J. (ORAL) 1.

Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail to the petitioner in case FIR No.323 dated 6.7.2024, under Sections 115, 117 (2), 190, 191 (3), 333, 351 (2), 74 and 76 of Bharatiya Nyaya Sanhita, registered at Police Station City Jind, District Jind. 2.

On 21.8.2024, the following order was passed: 'Learned counsel for the petitioners seeks to withdraw the instant petition qua petitioner No. 1-Uttam Chand.

Ordered accordingly.

Apprehending her arrest in FIR No. 323 dated 06.07.2024 registered for offences punishable under Sections 115,117(2),190,191(3),333,351(2),74, 76 of BNS at Police Station City, Jind Haryana; petitioner No. 2-Parveen Bala has preferred this petition under Section 482 of BNSS seeking prearrest bail.

CRM-M No.36768 of 2024 (O & M) -2Inter alia contends that petitioner No. 2-Parveen Bala is a woman, aged 42 years; the dispute in question arises primarily out of a civil/property dispute; no recovery is to be made from petitioner No. 2 & petitioner No. 2 is willing to join investigation and cooperate therein. Adjourned to 09.09.2024.

Petitioner No. 2-Parveen Bala is directed to appear before the Investigating Officer on 24.08.2024 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, petitioner No. 2 shall be released on interim bail subject to her furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, petitioner No. 2 shall join the investigation. She shall abide by the condition(s) enumerated under Section 482(2) of BNSS, 2023.'

3.

Learned State counsel (on instructions) submits that pursuant to the order dated 21.8.2024, the petitioner has joined investigation and are no longer required for custodial interrogation 4.

In view of the above, the interim order dated 21.8.2024, passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS.

5.

This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause.

7.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case.

CRM-M No.36768 of 2024 (O & M) -38. Pending miscellaneous application(s), if any, stand disposed of accordingly.

(SUMEET GOEL) JUDGE 9.9.2024 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No