Pooja Singh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-51385-2023 (O&M) Date of decision : 07.05.2024 Pooja Singh

...Petitioner(s)

Versus

State of Haryana

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

Ms. Manpreet, Advocate, for Mr. Saurabh Bajaj, Advocate for the petitioner. Mr. Praveen Bhadu, AAG, Haryana.

MAHABIR SINGH SINDHU, J.

Present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail pending trial to the petitioner in FIR No.392 dated 19.07.2023, under Sections 365, 384, 120-B & 506 of the Indian Penal Code, 1860, registered at Police Station Model Town, District Rewari.

2.

Allegations are that petitioner along with other co-accused abducted the complainant and extorted money from him on knife-point. 3.

Learned counsel for the petitioner contends that petitioner was granted interim bail by this Court on 26.02.2024 and she is regularly appearing before learned trial Court. There is no apprehension that petitioner is likely to influence the prosecution witnesses or hamper the trial, in any manner.

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4.

Learned State Counsel, on instructions, has fairly acknowledged the above factual position. Also submits that there is no apprehension that petitioner is likely to misuse the concession of bail. 5.

Heard learned counsel for both the sides and perused the paper book.

6.

It is a matter of record that petitioner was granted interim bail by this Court on 26.02.2024 and the order reads as under:- "Learned counsel contends that petitioner is in custody since 20.07.2023; charges were framed on 11.10.2023, but out of total 10 prosecution witnesses, only 04 have been examined till date. Also contends that 2 co-accused have already been granted the concession of bail pending trial by learned trial Court and there is no other criminal case pending against the petitioner. Learned State counsel seeks time to verify the above factual position.

Posted for 02.04.2024.

Till the next date of hearing, petitioner is ordered to be released on interim bail in this case on her furnishing bail bonds and surety bonds to the satisfaction of learned trial Court/Duty Magistrate concerned."

7.

It is acknowledged by learned State counsel that in terms of the aforesaid order, petitioner was released on interim bail and she is regularly appearing before learned trial Court; there is no allegation that she is likely to misuse the concession of bail or hamper the proceedings in case her interim bail is made absolute; therefore, sending the petitioner to custody at this stage would not serve any purpose.

8.

Consequently, present petition is allowed. Interim bail granted to the petitioner, vide order dated 26.02.2024, is made absolute. -2-

Petitioner shall be admitted to bail on furnishing bail/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

9.

Petitioner shall appear on each & every date of hearing and to fully co-operate with the learned trial Court without seeking any unnecessary adjournment(s).

10.

The above observations may not be construed as an expression of opinion on the merits of the case. 11.

It is clarified that in case there is any misuse of concession of bail on the part of the petitioner, State of Haryana would be at liberty to move an appropriate application for recalling of this order. 12.

Pending application(s), if any, shall also stand disposed off.

07.05.2024 (MAHABIR SINGH SINDHU) atulsethi JUDGE Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No -3-