High Court of Punjab and HaryanaCRM-M/45597/2019allowed

Parveen Alias Pran v. State Of Haryana

2020-01-28Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.45597 of 2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.45597 of 2019 (O&M) Decided on: 28.01.2020 Parveen @ Pran ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. V.K. Sheoran, Advocate for the petitioner.

Mr. Naveen Sheoran, DAG, Haryana.

Mr. M.K. Sharma, Advocate for the complainant.

ARVIND SINGH SANGWAN, J. (Oral) CRM No.3041 of 2020 Heard.

Allowed as prayed for.

Affidavit of the complainant (Annexure P-4) is taken on record.

CRM-M No.45597 of 2019 Prayer in this petition is for grant of regular bail to the petitioners under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.176 dated 13.09.2019, for offence punishable under Sections 147/149/323/436/452 of the Indian Penal Code, 1860 (in short 'IPC') registered at Police Station Behal, District Bhiwani. Counsel for the petitioner has argued that the FIR was registered at the instance of the complainant - Vinod Kumar, who has MOHD YAKUB 2020.01.28 16:08 I attest to the accuracy and integrity of this document

CRM-M No.45597 of 2019 (O&M) already suffered a statement in the affidavit (Annexure P-4) that the petitioner was not involved in the said incident. Counsel for the complainant on instructions from the complainant, who is present in the Court has admitted the statement made by him in the affidavit (Annexure P-4).

Counsel for the State, on instructions from HC Pardeep, has also not disputed the factual position.

Without commenting anything on merits of the case, considering the fact that the complainant - Vinod Kumar, who is present in the Court, has already made a statement by way of an affidavit (Annexure P-4) that the petitioner was not involved in the occurrence; the custodial interrogation of the petitioner is not required and it will take some time in conclusion of the trial, this petition is allowed and the petitioner is directed to be released on bail subject to her furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case she is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) 28.01.2020 JUDGE yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2020.01.28 16:08 I attest to the accuracy and integrity of this document