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High Court of Punjab and HaryanaCRM-M/57686/2025allowed

Manju Sharma And Another v. State Of Punjab

2025-11-06Mr. Justice Sumeet Goel3 pages

CRM-M No.57686 of 2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 218/2 ***** CRM-M No.57686 of 2025 Date of decision : 6.11.2025 Manju Sharma and another .............Petitioners

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Ms. Sukhpreet Kaur, Advocate, for the petitioners Mr. Jaypreet Singh, DAG, Punjab Mr. Akash Singla, Advocate, for the complainant --- SUMEET GOEL, J. (ORAL) 1.

On 15.10.2025, the following order was passed: 'Apprehending their arrest in FIR No.144 dated 08.09.2025 registered for offences punishable under Sections 420, 465, 467, 468, 471, 120-B IPC at Police Station Pasyana, District Patiala; the petitioners have preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

Counsel for the petitioner, inter alia, contends that the petitioner No.1 is a lady aged 48 years, the FIR in question has civil overtones, a civil suit is already pending adjudication between the parties since the year 2021, the complainant earlier had preferred a criminal complaint which has since been dismissed & the petitioners are willing to join investigation and cooperate therein.

Notice of motion.

On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG, Punjab has entered appearance on behalf of the respondent-State of Punjab.

Adjourned to 06.11.2025.

To be heard alongwith CRM-M-55724-2025.

CRM-M No.57686 of 2025 -2The petitioners are directed to appear before the Investigating Officer on 20.10.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioners shall be released on interim bail subject to furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioners shall join the investigation. They shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.' 2.

Learned State counsel (on instructions) submits that pursuant to the order dated 15.10.2025, the petitioners have joined investigation and are no longer required for custodial interrogation. 3.

Learned counsel for the complainant has argued that there are direct and serious allegations against the petitioners and they ought not to be granted the concession of bail. Learned counsel has further submitted that in case the petitioners are extended the concession of anticipatory bail, they may abscond from the process of justice and also interfere with the prosecution evidence.

3.1 Keeping in view the totality of facts and circumstances of the factual milieu of the case in hand; especially the petitioners having been joined and not required for further custodial interrogation by the State, this Court is inclined to confirm the interim order dated 15.10.2025. 4.

In view of the above, the instant petition is allowed. The interim order dated 30.9.2025, passed by this Court is hereby confirmed, subject to the conditions as enumerated under Section 482(2) of BNSS. 5.

This order should not be treated as "blanket" order. It will not be read granting petitioners indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any

CRM-M No.57686 of 2025 -3other incident that involves commission of an offence. 6.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioners violate any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause.

7.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 6.11.2025 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No