Anju Jain v. Central Bureau Of Investigation

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : September 11, 2024 ANJU JAIN -PETITIONER V/S CENTRAL BUREAU OF INVESTIGATION -RESPONDENT

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Navjot Singh, Advocate with Ms. Dhivya Jerath, Advocate for the petitioner.

Mr. Ravi Kamal Gupta, Advocate for the respondent- C.B.I.

*** KULDEEP TIWARI, J. (ORAL) 1.

After addressing arguments for some time, the learned counsel for the petitioner submits that, vide order dated 21.08.2024 (Annexure P-5), the learned Special Judge concerned had directed the petitioner to surrender before the learned trial court concerned within a period of 7 days therefrom, and, to apply for regular bail, however, being sanguine about the success of the instant anticipatory bail petition, the petitioner did not surrender within the stipulated period.

2.

The learned counsel for the petitioner submits that, although the petitioner is now ready and willing to surrender before the learned trial court concerned, if adequate time may be granted to her, however, she is not maintaining good health, rather her health condition is critical. To substantiate this submission regarding petitioner's poor health, he places

reliance upon the medical reports (Annexures P-2 and P-4). 3.

Notice of motion.

4.

Mr. Ravi Kamal Gupta, Advocate, waives service of notice on behalf of the respondent- C.B.I., and, he does not oppose the request for surrender, as made by the petitioner.

5.

Considering the innocuous and bona fide request made by the learned counsel for the petitioner, which is not even opposed by the learned counsel for the respondent- C.B.I., this Court directs the petitioner to surrender before the learned trial Court concerned within 10 days from today, and thereupon, make an application for grant of regular bail before the latter Court. In case, the petitioner surrenders before the learned trial Court concerned within the stipulated period and files a regular bail application, in pursuance of the directions issued by the learned Special Judge concerned, vide order dated 21.08.2024, the same shall be decided most expeditiously, in accordance with law, but, after hearing the parties concerned.

6.

Although reliance has also been placed upon medical reports (supra) of the petitioner to contend that her medical condition is critical, however, at this stage, this Court cannot evince any opinion regarding authenticity of such medical reports. Nonetheless, liberty is reserved to the petitioner to, at the time of filing regular bail application, also file an application for interim regular bail before the learned trial Court concerned, disclosing therein the medical status of the petitioner and all other mitigating circumstances, which according to the petitioner prevent her from causing personal appearance before the learned trial Court concerned.

If any such interim regular bail application is filed, the learned trial Court is directed to, after calling a requisite report from the investigating agency, pass appropriate orders thereon.

7.

Disposed of accordingly.

(KULDEEP TIWARI) September 11, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No