Manisha Chauhan v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-55271-2023 (O&M) Date of decision : 07.05.2024 MANISHA CHAUHAN

...Petitioner(s)

Versus

STATE OF PUNJAB

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Randeep Singh, Advocate, for the petitioner.

Mr. Neeraj Madaan, Sr.DAG, Punjab.

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.243 dated 23.08.2023, under Sections 420, 406, 120-B of the Indian Penal Code, 1860; and Section 66D of the Information Technology Act, 2000, registered at Police Station Zirakpur, District SAS Nagar (Mohali).

2.

Allegations are that petitioner along with other co-accused duped the complainant of Rs.46,049/- in the name of investment for earning profits.

3.

Learned counsel for the petitioner contends that petitioner was granted interim bail by this Court on 09.11.2023 and she is regularly appearing before learned trial Court. There is no apprehension -1-

that petitioner is likely to influence the prosecution witnesses or hamper the trial, in any manner.

4.

Learned State Counsel, on instructions, has fairly acknowledged the above factual position.

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 09.11.2023 and the order reads as under:- "Contends that matter has been compromised between the parties i.e. petitioner as well as complainant. Mr. Navdeep Kalair, Advocate, appears on behalf of the complainant and acknowledges the factum of compromise. Learned State counsel seeks time to have instructions in the matter.

Posted on 23.01.2024.

In the meantime, petitioner is ordered to be released on interim bail 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 her 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 09.11.2023 is made absolute. Petitioner shall be admitted to bail on furnishing bail/surety bonds to -2-

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 Punjab 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-