245 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-17510-2025 Date of decision:-26.05.2025 SONIA SABHARWAL ... Petitioner Versus STATE OF HARYANA ... Respondent CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY. Present:- Mr. S.S. Jattan, Advocate, for the petitioner. Mr. Surender Singh, AAG, Haryana. Mr. Aseem Aggarwal, Advocate for the complainant. ***** SANJIV BERRY, J.(ORAL) The instant petition has been preferred by the petitioners under 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail in the following case (Annexure P-1):- FIR No. Dated Sections Police Station 256 08.12.2024 406, 420 IPC, Section 3 of the Haryana Protection of Interest of Depositors in Financial Establishment Act, 2013 Kalka, District Panchkula o. 2), Mo 2. Arguments heard. 3. It is inter alia contended by learned counsel for the petitioner that the petitioner is a lady aged about 52 years has been falsely implicated in this case without there being any criminal Act, committed by her, she is in custody since 10.03.2025 on the allegations that she along with co-accused Pooja used to lend money on interest by creating committee group on Gyan Chand 2025.05.27 18:59 I attest to the accuracy and integrity of this document whatsapp, thereby had cheated the complainant. He submits that the allegations against the petitioner are manifestly wrong and incorrect. He contends that petitioner has no other criminal case registered against her except for 2 complaints of section 138 of the Negotiable Instruments Act, wherein she is on bail. He submits that there no specific overt act is attributed to the petitioner which could show her involvement in keeping the complainant money in any manner or misappropriation of the said amount as alleged. After completion of investigation, challan has already been presented in Court and conclusion of trial will take sufficient long time in the case triable by the Court of Magistrate. Hence prayed for grant of bail to the petitioner. 4. Per contra, learned State counsel assisted by learned counsel for the complainant referring to the reply submitted by the State has opposed the bail petition on the ground that the petitioner by floating committee group had duped the complainant, a such she is not entitled for concession of bail. Hence prayed for dismissal of the bail petition. 5. After considering the rival contentions and perusing the record, it transpires that after registration of the FIR (Annexure P-1), petitioner was arrested in this case on 10.03.2025, possible recovery has already been effected and after completion of investigation, challan has already been presented in Court, wherein, prosecution has cited 16 witnesses. The evidentiary value of the alleged whatsapp chats annnexed with the reply filed by the State could only be ascertained during course of trial. The conclusion of trial to ascertain criminal liability, if any, of the petitioner,will take sufficient long time to conclude in a case triable by the Court of Magistrate. The petitioner has no other criminal case registered against her Gyan Chand 2025.05.27 18:59 I attest to the accuracy and integrity of this document and she is in judicial custody, however possible recoveries have already been made from her. Therefore, no purpose would be served by detaining the petitioner any longer in custody. 6. Resultantly, in these circumstances, without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail subject to furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court concerned, if not required in any other case; undertaking to regularly appear on each and every date; not to leave the country without prior permission of the Court; and not to tamper with the evidence of the prosecution in any manner. 7. Any observation made above shall not be construed as opinion of this Court on the merits of the case. 8. Pending application(s) if any shall also stand disposed of. (SANJIV BERRY) JUDGE 26.05.2025 Gyan i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No Gyan Chand 2025.05.27 18:59 I attest to the accuracy and integrity of this document