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2026 DAILYLAW 29496 (PNJ)

SHEETAL SHARMA v. STATE OF UT CHANDIGARH

CRM-M/26395/2026 · 2026-07-15

N S Shekhawat

body2026

Judgment text

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229 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26395-2026 Date of Decision:15.07.2026 Sheetal Sharma …Petitioner Vs. State of U.T., Chandigarh …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Gagandeep Singh, Advocate (Legal Aid Counsel) for the petitioner. Mr. Sumit Jain, Addl. P.P for U.T. Chandigarh. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the third petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to her in case FIR No.150, dated 25.06.2019, registered under Sections 279, 323, 341,308,506 of IPC { Sections 281, 115(2), 126(2), 110,351(2)(3) of B.N.S}, at Police Station Industrial Area, Chandigarh (Annexure P-1) and challan has been presented under Sections 279, 323, 341, 308, 506, 34 of IPC{ Sections 281, 115(2), 126(2), 110,351(2)(3) and 3(5) of B.N.S}. 2. Learned counsel for the petitioner contends that the petitioner has been falsely involved in the present case, which was registered on 25.06.2019. Thereafter, the petitioner was arrested and was granted the concession of regular bail by the Trial Court on 22.10.2019. He further contends that due to health reasons, the petitioner could not appear before the Trial Court and was declared as proclaimed person. Even prior to that, she was also declared HITESH 2026.07.15 17:10 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-26395-2026 -2 proclaimed person. However, the petitioner was re-arrested on 31.08.2025 and is in custody for the last more than ten months. Learned counsel further submits that the prosecution has been able to examine only 10 witnesses out of total 21 witnesses so far and the trial may not conclude in near future. 3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the petitioner may abscond from the process of law and the present petition deserves to be dismissed by this Court. 4. I have heard the learned counsel for the parties and perused the record carefully. 5. It is not in dispute that on earlier occasions also, the petitioner was admitted to bail. However, the petitioner evaded the process of law and was again declared as proclaimed person. Now, the petitioner is stated to be in custody for the last about 11 months and only 10 witnesses have been examined so far. Thus, the trial may not conclude in near future and further custody of the petitioner will not serve any meaningful purpose. 6. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail on her furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade her to disclose such facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. HITESH 2026.07.15 17:10 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-26395-2026 -3 (iii) The petitioner shall not absent herself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender her passport, if any, (if already not surrendered), and in case she is not holder of the same, she shall swear an affidavit to that effect. (v) The petitioner shall also file her affidavit before the concerned Court, mentioning her ordinary place of residence and number of mobile phone, which shall be used by her during the pendency of the trial. In case of change of place of residence/mobile number, she shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. 7. In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to her shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard. (N.S.SHEKHAWAT) 15.07.2026 JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2026.07.15 17:10 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh