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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-58210-2024 Date of decision: 01.04.2025 NISHA GILL ALIAS ANISHA MASIB ….PETITIONER
Versus STATE OF PUNJAB
...RESPONDENT
CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY Present:- Mr. Ranbir Singh Pathania, Advocate for the petitioner. Mr. Rajinder Singh Bhatta, DAG, Punjab. **** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 482 of BNSS, 2023, petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under: FIR No. Dated Sections Police Station 73 14.08.2023 406, 420 of IPC Chamkaur Sahib, District Rupnagar.
2.
Learned counsel for the petitioner submits that in compliance to the orders dated 21.11.2024 and 18.03.2025 passed by this Court, the petitioner has already joined the investigation and as such prayed for confirming the interim bail granted vide orders dated 21.11.2024 and
18.03.2025.
3. Learned State counsel, on instructions from ASI Chinderpal Singh, intimates the Court that the petitioner has joined investigation and is neither required for further investigation nor for any custodial interrogation. KANIKA 2025.04.04 13:29 I attest to the accuracy and authenticity of this
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204 CRM-M-58210-2024
2
4. During the course of hearing on 21.11.2024, following order was passed:
“ The FIR in question was lodged by one Pawandeep Singh, wherein it is alleged that his father had come across telephone No.8427071917, who had seen the same on an advertisement board and when a call was made on the said number, the same was attended by a person, who represented that the phone number was installed in the office of Golf Holiday. The complainant and his father visited the said office where they met with one Rajan Masih, who represented himself to be owner of M/s Golf Holiday and further represented that he could get them a visa for Poland within 20 days. It is further alleged that a lady, namely, Anisha Gill was also sitting there and that an amount of Rs.20,000/- was handed over to them. It is further alleged that another man was also sitting there, who was being addressed by the main accused as Rajvir. It is further alleged that subsequently another amount of Rs.2,95,000/- was sent through NEFT, however, no visa was issued.
Learned counsel for the petitioner submits that the petitioner is a housewife and has nothing to do with the firm – M/s Golf Holidays and in any case, no amount has ever been credited in her bank account or has been given to her. It has further been submitted that efforts weremade to amicably resolve the matter and while the petitioner and her husband had already paid an amount of Rs.1,50,000/-, but some of the payment is yet to be made. Notice of motion for 18.03.2025. Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to her furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall KANIKA 2025.04.04 13:29 I attest to the accuracy and authenticity of this
order/judgment
204 CRM-M-58210-2024
3 join the investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided 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 orders dated 21.11.2024 and 18.03.2025 passed by this Court, interim bail granted vide orders dated 21.11.2024 and 18.03.2025 is hereby confirmed, subject to conditions as envisaged under Section 482 (2) of BNSS, 2023. 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.
6. The petition stands allowed.
7. It is made clear that anything contained hereinabove shall not be construed to be an expression of opinion on the merits of the case.
(SANJIV BERRY)
JUDGE 01.04.2025
kanika i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No KANIKA 2025.04.04 13:29 I attest to the accuracy and authenticity of this
order/judgment