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2025 DAILYLAW 25679 (PNJ)

MANISHA v. STATE OF HARYANA

CRM-M/8250/2025 · 2025-04-01

Mahabir Singh Sindhu

body2025

Judgment text

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CRM-M-8250-2025 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 207 CRM-M-8250-2025 (O&M) Date of Decision: 01.04.2025 Manisha .....Petitioner Versus State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. R.S.Mamli, Advocate for the petitioner. Mr. Neeraj Sheoran, DAG, Haryana. None for the de facto complainant. **** MAHABIR SINGH SINDHU , J. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner in FIR No. 0011 dated 09.01.2025 (P-1), under Sections 120-B, 406, 420, 447 and 506 of the Indian Penal Code, 1860 (for short ‘IPC’), registered at Police Station Munak, District Karnal. 2. Status report by way of affidavit dated 29.03.2025 of Mr. Mahabir Singh, HPS, Deputy Superintendent of Police, Assandh, District Karnal on behalf of respondent has been filed and the same is taken on record. Copy supplied to the other side. Registry to tag the same at appropriate place. 3. Allegations are that petitioner along with co-accused cheated de facto complainant-Sushila to the tune of Rs.86 lakh on pretext of selling land. Rajeev Purohit 2025.04.03 20:15 I attest to the accuracy and integrity of this document CRM-M-8250-2025 2 4. Contends that petitioner was granted interim bail by this Court, vide order dated 13.02.2025 and in pursuance thereof, he has already joined investigation; hence, her custodial interrogation is not required. 5. The above factual position is not disputed by learned State Counsel, on instructions from quarter concerned and submits that her custodial interrogation is not required. 6. Heard learned counsel for the parties and perused the paper- book. 7. It transpires that petitioner was granted interim bail by this Court, vide order dated 13.02.2025 and the order reads as under:- “Contends inter alia that 02 civil suits are already pending regarding the property in question. Notice of motion. At this stage, Mr. Ashwani Kumar Saini, learned D.A.G., Haryana, accepts notice on behalf of the respondent-State; seeks time to have instructions and/or to file written response in the matter. Mr. Mandeep Singh Kundu, Advocate, causes appearance on behalf of the de facto complainant and seeks time to place on record some documents. Posted for 01.04.2025. In the meanwhile, petitioner shall join investigation before the Investigating Officer, but she be not arrested till the next date of hearing.” 8. It is duly acknowledged by learned State Counsel that in pursuance of the aforesaid order, petitioner has joined investigation and her custodial interrogation is not required. 9. In view of the above, there is no justification to deny the concession of pre-arrest bail to the petitioner. Consequently, present petition is allowed; interim order dated 13.02.2025 is made absolute subject to the conditions as envisaged under Section 482(2) of BNSS. 10. It is also made clear that petitioner shall fully co-operate with Rajeev Purohit 2025.04.03 20:15 I attest to the accuracy and integrity of this document CRM-M-8250-2025 3 the Investigating Officer as and when called for further investigation. 11. The above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the bail matter. 12. It is also clarified that in case of any recurrence on the part of petitioner, State would be at liberty to move an appropriate application for recalling of this order. Pending application(s), if any, shall also stand disposed off. 01.04.2025 (MAHABIR SINGH SINDHU) Rajeev (rvs) JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Rajeev Purohit 2025.04.03 20:15 I attest to the accuracy and integrity of this document