High Court of Punjab and HaryanaCRM-M/50866/2023allowed

Saravjeet Kaur Alias Sarvjeet Kaur v. State Of Haryana

2023-12-11Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 213/2 2023:PHHC:158098 CRM-M-50866-2023 Date of decision: December 11th, 2023 Saravjeet Kaur @ Sarvjeet Kaur .....Petitioner

Versus

State of Haryana .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Arun Chander Sharma, Advocate for the petitioners.

Ms. Trishanjali Sharma, Deputy Advocate General, Haryana.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition filed under Section 438 Cr.P.C. is for the grant of anticipatory bail to the petitioner in FIR No.267 dated 21.05.2023, registered under Section 420, 506 of the IPC at Police Station Naraingarh, District Ambala. Mr. Kuldeep Singh, Advocate, has entered appearance on behalf of the complainant and filed his power of attorney, which is taken on record.

Vide order dated 09.10.2023, the petitioner had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel for the petitioner, inter alia, contends that the petitioner, who is the maternal aunt of the complainant, had no role to play in her marriage with co-accused Philip Sebastian Gazzara and had only attended her marriage being a close PUNEET SACHDEVA 2023.12.11 16:53 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-50866-2023 -2relative. Moreover, no recovery was required to be effected from her, hence her custodial interrogation would not be necessitated."

Learned counsel for the petitioner submits that in compliance of order dated 09.10.2023, the petitioner has joined investigation and cooperated with the investigating agency. Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. She on further instructions submits that the petitioner is not required for further investigation much less for her custodial interrogation.

In view of the above, the petition is allowed and interim order dated 09.10.2023 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

December 11th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.12.11 16:53 I attest to the accuracy and integrity of this document.

Chandigarh