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High Court of Punjab and HaryanaCRM-M/49203/2021allowed

Shahjiya @ Jiya v. State Of Haryana

2021-11-29Mr. Justice Sureshwar Thakur2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 49203 of 2021 (O&M) Date of Decision: 29.11.2021 Shahjiya @ Jiya .......... Petitioner

Versus

State of Haryana .......... Respondent CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Mr. Davneet Sangwan, Advocate for the petitioner. Mr. Pradeep Prakash Chahar, Deputy Advocate General, Haryana **** SURESHWAR THAKUR, J. (ORAL) 1.

The petitioner, by filing the present petition under Section 439 Cr.P.C., seeks grant of regular bail in case FIR No. 445 of 15.06.2021, which was registered against her, at Police Station City Yamuna Nagar, District Yamuna Nagar, constituting therein offences under Sections 170, 328, 384, 452, 506, 379-A / 34 of the Indian Penal Code. 2.

The learned State Counsel, has, on instructions, meted to him by the Investigating Officer (IO), made a fair submission, before this Court, that the entire investigation(s) into the FIR (supra) has been completed, and also, the relevant recoveries stand effected, at her (petitioner) instance, by the investigating officer concerned.

3.

Given the afore, and, besides the fact, as intimated to this Court, that the bail applicant / petitioner is in judicial incarceration since 15.06.2021, thereupon, this Court deems it fit to order for release of the bail applicant from judicial incarceration.

DINESH KUMAR 2021.11.30 14:34 I attest to the accuracy and integrity of this document

CRM-M No. 49203 of 2021 (O&M) -24.

Consequently, the present petition is allowed, and, the bail applicant - petitioner is ordered to be released from judicial custody, on her furnishing personal and surety bonds in the sum of ` 50,000/- each, before the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned, and, also subject to hers not tampering with prosecution evidence, and/or not influencing prosecution witnesses, and, also her appearing before the trial Court concerned as and when she is required to be making her personal appearance. Further, subject to petitioner-bail applicant making an undertaking before the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned, that in case, she re-indulges in criminal activities, whereupon, on breach thereof, the order made today, shall remain be ipso facto anulled, and, that, upon, hers being forthwith arrested by the investigating officer concerned, the latter shall produce the petitioner-bail applicant before the trial Court concerned, for the latter making an order for her being put to judicial custody.

5.

Disposed of.

November 29, 2021 ( SURESHWAR THAKUR ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2021.11.30 14:34 I attest to the accuracy and integrity of this document