NITISH SHARMA vs THE STATE OF PUNJAB - 2024-01-10

O R D E R

1. Leave granted.

2. Heard the learned counsels for the parties and perused the material placed on record.

3. Nobody has appeared for Respondent No.2 – complainant, though duly served.

4. It is submitted by the learned counsel for the appellant that the present appeal arises out of matrimonial disputes, however, the parties have settled their disputes and agreed to file a petition for decree of divorce by mutual consent.

5. In view of the above, the interim order on 15-5-2023 staying arrest of the appellant passed by this Court deserves to be confirmed, more particularly when the learned counsel for the respondent – State of Punjab has not been able to bring out anything adverse against the appellant.

6. In that view of the matter, it is directed that in the event of arrest of the appellant in connection with FIR No.130 dated 22-7-2020 under Sections 406 and 498-A of the Indian Penal Code (IPC), registered at Police Station, Khamano, District Fatehgarh Sahib, Punjab, he shall be released on bail on the terms and conditions as may be imposed by the concerned Trial Court.

7. It is needless to say that if the appellant does not cooperate with the Investigating Agency or commits any breach of the terms and conditions of bail that may be imposed by the concerned Trial Court, the respondent shall be at liberty to move for the cancellation of bail before the concerned Trial Court.

8. The appeal is allowed in the above-terms.

…………………………………………J.

(BELA M. TRIVEDI)

…………………………………………J.

(PANKAJ MITHAL)

NEW DELHI 10TH JANUARY, 2024.

ITEM NO.11 COURT NO.15 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.5506/2023

(Arising out of impugned final judgment and order dated 21-03-2023 in CRMM No. 32621/2020 passed by the High Court of Punjab & Haryana at Chandigarh)

NITISH SHARMA Petitioner(s)

VERSUS THE STATE OF PUNJAB & ANR. Respondent(s)

(IA No. 88723/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 10-01-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s)

Mrs. Varuna Bhandari Gugnani, Adv.

Mr. Bhakti Vardhan Singh, AOR For Respondent(s)

Mr. Karan Sharma, AOR Mr. Mohit Siwach, Adv.

Mr. Rishabh Sharma, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. Application seeking exemption from filing certified copy of the impugned order is allowed.

2. Leave granted.

3. The appeal is allowed, in terms of the signed order.

(VISHAL ANAND) (MAMTA RAWAT)

ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

(Signed Order is placed on the file)