Harbheji v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.36839 of 2019 (O&M) Date of Decision:- 04.02.2020 Smt. Harbheji

...Petitioner

Versus

State of Haryana ... Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:- Mr. Ankur Lal, Advocate for the petitioner.

Mr. Anmol Malik, AAG, Haryana.

***** RAJ MOHAN SINGH, J .(Oral) The petitioner seeks grant of anticipatory bail in case bearing FIR No.260 dated 31.07.2019, registered under Sections 324, 452 and 34 of Indian Penal Code (Section 325 IPC added subsequently) at Police Station Saran, Faridabad. While issuing notice of motion on 03.09.2019, following order was passed:- "It is contended by learned counsel for the petitioner that case against the petitioner is totally concocted because of the previous discord between the

-2petitioner and the complainant. The previous discord has been admitted by the complainant in the complaint itself. Still further it is submitted that even as per the case of the complainant, no injury is attributed to the petitioner. She is alleged to be present only in the courtyard out-side the room where the alleged incident had happened. Therefore, no role what-so-ever has been attributed to the petitioner in this incident. Notice of motion.

On asking of the Court, Mr. Munish Dev Sharma, DAG, Haryana accepts notice on behalf of the State. Mr. Kamal Deep Sehra, Advocate who is present in Court, has put in appearance on behalf of the complainant.

Learned counsel for the petitioner(s) is directed to hand over a copy of the petition to the opposite counsels during the course of the day.

Adjourned to 24.01.2020.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to her furnishing personal bonds/surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C."

In compliance of the aforesaid order, learned counsel for the petitioner states that the petitioner has joined the investigation and undertakes to join further investigation as and when called upon to do so by the Investigating Agency.

-3Learned State counsel on instructions from SI Hari Krishan admits the aforesaid facts and states that he is no more required for any further investigation of the case. In view of the statement made by learned State counsel, order dated 03.09.2019 passed by the Coordinate Bench is made absolute, however petitioner shall abide by the conditions as envisaged under Section 438 (2) Cr.P.C. Petition stands disposed of.

04.02.2020 ( Raj Mohan Singh ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No