CRM-M-11133-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 212 CRM-M-11133-2025 (O&M) Date of decision : 27.05.2025 Paramjit Kaur ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Ankit Yadav, Advocate for the petitioner. Mr. Kunwarbir Singh, AAG, Punjab. MAHABIR SINGH SINDHU, J. Petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the B.N.S.S.’) has been filed for grant of pre-arrest bail to the petitioner in FIR No.183 dated 16.09.2024, under Section 420 of Indian Penal Code, 1860 (for short ‘IPC’) and Section 13 of Punjab Travel Professionals Regulation Act, 2012, registered at Police Station City Rupnagar, District Rupnagar. (2) Allegations are that petitioner duped de facto complainant to the tune of Rs.7,50,000/- on the pretext of sending his son abroad. (4) Learned counsel contends that petitioner was granted interim bail by this Court, vide order dated 27.02.2025 and in pursuance thereof, she has already joined the investigation; hence, her custodial interrogation is not required. (5) Per contra, learned State counsel, on instructions from quarter concerned, acknowledged that although petitioner joined -1- DIWAKER GULATI 2025.05.29 13:59 I attest to the accuracy and integrity of this document CRM-M-11133-2025 investigation in compliance of order dated 27.02.2025; but recovery of alleged amount is yet to be effected. (6) Heard learned counsel for both the parties and perused the paper-book. (7) Petitioner was granted interim bail by this Court, vide order dated 27.02.2025 and the order reads as under:- “Contends, inter alia, that petitioner is ready for an amicable settlement with the de-facto complainant, subject to the final outcome of criminal case arising out of FIR No.183 dated 16.09.2024, under Section 420 of the Indian Penal Code, 1860 and Section 13 of the Punjab Travel Professionals Regulation Act, 2012, registered at Police Station City Rupnagar, District Rupnagar. Notice of motion. Mr. Kunwarbir Singh, learned Assistant Advocate General, Punjab, accepts notice on behalf of respondent/State; seeks time to have instructions and/or to file written response in the matter. Posted for 08.04.2025. 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. So far as the objection raised by learned State Counsel to the effect that recovery of money is yet to be effected, would not be a ground to deny pre-arrest bail to the petitioner for the reason that State police is not the recovery agent of complainant; hence, the objection is rejected. -2- DIWAKER GULATI 2025.05.29 13:59 I attest to the accuracy and integrity of this document CRM-M-11133-2025 (9) In view of the above, there is no justification to deny the concession of pre-arrest bail to the petitioner. (10) Consequently, present petition is allowed; interim order dated 27.02.2025 is made absolute subject to the conditions as envisaged under Section 482(2) BNSS. (11) It is also made clear that petitioner shall fully co-operate with the Investigating Officer as and when called for further investigation. (12) The above observations be not construed as an expression of opinion on merits of the case; rather confined only to decide the bail matter. (13) 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. 27.05.2025 (MAHABIR SINGH SINDHU) d.gulati JUDGE Whether speaking / reasoned : Yes No Whether Reportable : Yes No -3- DIWAKER GULATI 2025.05.29 13:59 I attest to the accuracy and integrity of this document