Allowed

Saroj Rani v. State of Punjab

Punjab & Haryana HC5 Sept 2024CRM-M/20478/2024

Case brief

AI extract

What is this about?

The High Court disposed of a petition for anticipatory bail under Section 438 Cr.P.C. regarding an FIR for offences under Sections 406, 498-A, and 120-B IPC. The petitioner had joined the investigation. The Court made the interim order absolute, directing the petitioner to cooperate with the agency if called upon.

What did the court decide?

The order dated 23.05.2024 granting interim bail was made absolute subject to conditions under Section 438(2) Cr.P.C.

Saroj Rani Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2024)

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CRM-M-20478-2024

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IN THE HI G H COURT OF PUNJAB AND H ARYANA AT CHANDIGARH

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259

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CRM-M-20478-2024

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Date of Decision: 05.09.2024

Saroj Rani

.… Petitioner

Versus

State of P u njab .... Respondent

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CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

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Present: - Mr. Tarun Sharma, Advocate for the petitioner. Ms. Rishu Madan, AAG, Pun j ab.

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NIDHI GUPTA, J. (ORAL)

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Prayer in this 1^st petition file d under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitio n er in case FIR No. 0009 dated 09.02.202 4 (Annexure P-1) registered u n der Sections 406, 498-A and 120-B IPC at Police Station NRI, District S AS Nagar (Mohali).

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On 23.05.2024, when this case was listed for hearing,

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following o rder was passed by this Court:-

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“Prayer in the instant p etition filed under Section 438 Cr.P.C. is for grant of pre-arrest bail/ anticipatory bail to the petitioner in FIR No. 0009 da t ed 09.02.2024 registered under Sections 406, 498-A, 120-B of IPC Act, 1860 at Police Station NRI, District SAS Nag a r (Mohali) (Annexure P-1). On 25.04.2024, followi n g order was passed:-

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“Prayer in this p etition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case F IR No.0009 dated 09.02.2024 (Annexure P-1) under S ections 406, 498-A and 120-B IPC, registered at Po l ice Station NRI, District SAS Nagar (Mohali).

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Learned counse l for the petitioner inter alia submits that the petitio n er is the mother-in-law of the

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RISHU KATARIA 2024.09.06 11:13 I attest to the accuracy and authenticity of this order/judgment.

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CRM-M-20478-2024

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complainant. The son of the petitioner was married to the complainant on 12.12.2021. It is stated that only vague allegations h a ve been made against the petitioner in the FIR t o the effect that the petitioner had said bad things a bout the complainant to the husband of the compl a inant. Learned counsel states that the son of the pet i tioner is residing in Australia and therefore the alleg a tions made in the FIR are false and fabricated. Learned counsel for the petitioner undertakes that the petitioner will join the investigation and co- o perate with the Investigating Agency.

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Notice of motion.

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On asking of th e Court, Mr. Kunwarbir Singh, AAG, Punjab accepts n otice on behalf of respondentState and Mr. Abnas h Singh, Advocate appears on behalf of complainant a nd filed his Power of Attorney. The same is taken on r e cord.

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Learned counse l for the State counters the submissions made on b ehalf of petitioner and submits that there are specifi c allegations made in the FIR against the petitioner t o the effect that the complainant transferred an amoun t of Rs.4,50,000/- to the bank account of father-inlaw, which, thereafter, was transferred to the ban k account of the husband of the complainant in Austra l ia. It is further submitted that the petitioner had ea r lier joined the investigation, however, she had not cooperated with the Investigating Agency a s the accused including the present petitioner are n o t providing their bank details. Learned counsel f or the State seeks some time to file detailed status repo r t in the matter.

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Adjourned to 2 3.05.2024 to enable learned counsel for the State to do the needful.” Subsequently, status r ep ort by way of affidavit of the Deputy Superintendent of Po l ice, NRI Wing, District S.A.S. Nagar dated 16.05.2024 has b een filed.

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Learned counsel for th e State opposes prayer for grant of anticipatory bail to the peti t ioner. He, on instructions from Inspector Tejinder Singh, sub m its that although the petitioner has joined investigation howe v er, she is still not providing her bank details. Recovery is also p ending against the petitioner. Learned counsel for the petitioner submits that inadvertently, bank account d e tails of the petitioner could not be provided to the Investiga t ing Agency. Learned counsel, however, undertakes that the s a me shall be provided forthwith on the next date if the p e titioner is permitted to join investigation once again.

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In view of the under t aking on the part of learned counsel for the petitioner, the p etitioner is directed to appear before the SHO/Investigating O fficer on or before 30.05.2024

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RISHU KATARIA 2024.09.06 11:13 I attest to the accuracy and authenticity of this order/judgment.

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CRM-M-20478-2024

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to join investigation and co o perate with the Investigating Agency. In the event of her a r rest, she shall be released on interim bail on her furnishing b ail bonds to the satisfaction o f SHO/Investigating Agency su bj ect to the following conditions as envisaged under Section 43 8 (2) Cr.P.C.

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i. that the petitioner sh a ll make herself available for interrogation before t h e Investigating Officer as and when required;

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ii. that the petitioner sh a ll not, directly or indirectly, make any inducement, t hreat or promise to any person acquainted with the fa c ts of the case so as to dissuade him/her from disclosin g such facts to the Court or to any police officer;

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iii. that the petitioner sha l l not leave the country, without prior permission of th e Court and shall surrender her passport, if any.

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Learned counsel for t h e State is directed to file an

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affidavit/status report as to t h e exact role of the petitioner alongwith the details of pendi n g FIRs, if any, on or before the next date of hearing.

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List on 05.09.2024.”

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Learned counsel for the petiti o ner submits that in compliance of the orde r dated 23.05.2024 the petitione r has joined the investigation. On instructions from Insp e ctor Tajinder Singh, learned counsel fo r the State submits that in ter m s of the order passed by this Court, rep r oduced above, the petitioner h as joined the investigation on 28.05.202 4 and is co-operating with the i n vestigating agency. It is further submitted t hat the petitioner has also fur n ished her bank details; and no further int e rrogation is required, at this sta g e.

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In view of the above, the o r der dated 23.05.2024 is made

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absolute.

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However, the petitioner s h all abide by the conditions stipulated under Section 438(2) Cr.P. C . She shall also join the investigati o n and co-operate with the inv e stigating agency in case she is required f o r the same in future as and when called upon to do so. In case, a t any given point of time h ereinafter, it is felt by the

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RISHU KATARIA 2024.09.06 11:13 I attest to the accuracy and authenticity of this order/judgment.

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CRM-M-20478-2024

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investigati n g agency that the petitioner i s required for the investigation but is not cooperating, they will be at lib e rty to approach this Court for passing ap p ropriate orders.

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The petition stands disposed o f.

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Pending application(s), if any , shall also stand disposed of.

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05.09.2024 ( NIDHI GUPTA ) rishu JUDGE

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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RISHU KATARIA 2024.09.06 11:13 I attest to the accuracy and authenticity of this order/judgment.

Saroj Rani v. State of Punjab

Case brief

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Saroj Rani v. State of Punjab

Case brief

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