IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JYOTI – Appellant
Versus
STATE OF PUNJAB – Respondent
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
203 CRM-M-37054-2024 (O&M) Date of Decision:- 10.01.2025 JYOTI ....Petitioner(s)
Versus STATE OF PUNJAB ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present : Mr. J.S. Mohri, Advocate for the petitioner.
Mr. Ankit Grewal, DAG Punjab.
Mr. Naresh Prabhakar, Advocate for the complainant.
*****
SANJIV BERRY, J. (ORAL)
By way of present petition filed under Section 482 BNSS, petitioner seeks anticipatory bail in case FIR as under:
FIR No. Dated Sections Police Station 66 23.06.2023 419, 420, 384, 506, 201 and Shimlapuri, District
120-B IPC; Police
66(C), 66(D) of the Information Commissionerate Technology Act, 2000 Ludhiana
2. Learned counsel for the petitioner has submitted that in compliance to the order dated 22.08.2024 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 received from the Investigating Officer of the case has intimated that the petitioner has joined investigation and is no more required for any custodial investigation in this case nor she is required for further investigation.
4. Heard.
5. During the course of hearing on 22.08.2024 the following order was passed:-
“Mr. Naresh Prabhakar, Advocate has put in appearance on behalf of the complainant and has filed his power of attorney. The same is taken on record.
A reply dated 21.08.2024 by way of an affidavit of Brij Mohan, PPS, Asstt. Commissioner of Police, Industrial Area-B, Ludhiana has been filed on behalf of the State by the learned counsel for the State. The same is taken on record.
The learned counsel for the petitioner contends that the main accused Gopichand alias Manav, the husband of the petitioner was arrested and has since been released on regular bail. He states that so far as the petitioner was concerned, her bank account had been misused by her husband. Being a lady, she was entitled to the concession of anticipatory bail.
Adjourned to 06.11.2024.
In the meantime, the petitioner is directed to appear before the SHO/Investigating Officer to join investigation and in the event of her arrest, she shall be released on bail on her furnishing bail bonds to the satisfaction of SHO/Investigating Agency subject to the following conditions as envisaged under Section 482(2) BNSS:-
i) that the petitioner shall make herself available for interrogation before the Investigating Officer as and when required;
ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;
iii) that the petitioner shall not leave the country, without prior permission of the Court and shall surrender his/her/their passport, if any.
Meanwhile, the State counsel is directed to file an affidavit as to the exact role of the petitioner along with the details of pending FIRs, if any, on or before the next date of hearing
6. 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 22.08.2024 passed by this Court, interim bail granted vide order dated 22.08.2024 is hereby confirmed, subject to conditions as envisaged under Section 482(2) BNSS. 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; she will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.
7. The petition stands allowed.
(SANJIV BERRY)
JUDGE
10.01.2025 S.Sharma(syr)
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