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High Court of Punjab and HaryanaCRM-M/53826/2023allowed

Neetu @ Nitu Behl v. State Of Punjab

2023-11-16Mr. Justice Sanjiv Berry3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 16.11.2023 .....PETITIONER

VERSUS

.....RESPONDENT

CORAM:

HON'BLE MR. JUSTICE SANJIV BERRY.

Present:

Mr. Bharat Puri, Advocate for the petitioner.

Mr. Subhash Godara, Addl. AG, Punjab.

FIR No.

Dated Sections Police Station 15.09.2023 406, 420, 34 IPC and Section 13 of the Punjab Travel Professional (Regulation) Act, 2014 Division No.2, District Police Commissionerate Jalandhar 2.

Learned counsel for the petitioner has submitted that in compliance to the order dated 20.10.2023 passed by this Court, the petitioner has already joined the investigation and as such interim bail granted to the petitioner may be confirmed.

3.

Learned State counsel, on instructions from ASI Ajay Pal Singh, has intimated that the petitioner has joined investigation and is no more required for any custodial investigation in this case nor he is required for further investigation.

4.

During the course of hearing on 20.10.2023, this Court has passed the following order:- "By way of present petition filed under Section 438 Cr.P.C, the petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under: - FIR No.

Dated Sections Police Station 15.09.2023 406, 420, 34 IPC and Section 13 of the Punjab Travel Professional (Regulation) Act, Division No.2, District Police Commissionerate Jalandhar 2.

It is, inter alia, contended by learned counsel for the petitioner that the petitioner is innocent lady, having no concern what-so-ever with the allegations levelled by the complainant. He further contends that even from the perusal of the FIR (Annexure P-1), the allegations levelled are against the husband of the petitioner.

3.

Learned counsel for the petitioner referred to the legal notice dated 06.10.2023 (Annexure P-2) given by learned counsel for the complainant to the husband of the petitioner only and it is specifically mentioned in the said notice that 21 cheques had been given by the husband of the petitioner. He further contends that there is no overtact attributed to the petitioner nor any money was ever given to her and the petitioner is ready to join investigation.

4.

Notice of motion.

5.

On the asking of the Court, Mr. Subhash Godara, Addl. AG, Punjab, present in Court, accepts notice on behalf of the State-respondent and prays for time to file the status report/reply in the matter.

6.

Adjourned to 16.11.2023.

7.

Needful be done well before the date fixed with an advance copy to the counsel opposite.

8.

In the meanwhile, the petitioner is hereby directed to join investigation within seven days from today and in the event of her arrest, she is ordered to be released on interim bail on her furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. She shall also abide by conditions as envisaged under Section 438(2) Cr.P.C."

5.

Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation

consequent to the order dated 20.10.2023 passed by this Court, interim bail granted vide order dated 20.10.2023 is hereby confirmed, subject to conditions as envisaged under Section 438(2) Cr.P.C. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.

(SANJIV BERRY)