Punjab-Haryana High Court
Anju Aggarwal And Another vs State Of Punjab on 4 March, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:030377
CRM-M-62610-2023 2024:PHHC:030377
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
206 CRM-M- 62610-2023
Date of Decision: 04.03.2024
Anju Aggarwal and another ...Pe oners
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Sant Pal Singh Sidhu Advocate and
Mr. Anirudh Kaushal, Advocate for the pe oners.
Mr. A.D.S. Sukhija, Addl. A.G., Punjab.
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ANOOP CHITKARA, J.
FIR No. Dated Police Sta-on Sec-ons
1 10.02.2017 Vigilance Bureau, 409, 420, 467, 468, 471, 120-B
Economic Offences IPC (201 IPC and 13(1) (D), 13(2)
Wing, District Ludhiana of the Preven on of Corrup on
Act, 1988 added later on)
The pe oner, along with her husband apprehending the arrest in the FIR cap oned above, for receiving massive compensa on for land acquisi on which they were not en tled, had come up before this Court under Sec on 438 CrPC seeking an cipatory bail.
2. Vide order dated 13.12.2023, this Court had granted interim bail to the pe oner as well as to her husband-Vinay Kumar. On 09.01.2024, counsel for the pe oners submi@ed that the interim be extended and they voluntarily to declare all their assets in the format as prescribed by this Court and further declared that they would not take such declara on as self incrimina on, viola on of Ar cles 20/21 of Cons tu on of India or any other fundamental right/law.
3. On 16.01.2024, this Court had reserved the judgment. However, while dicta ng the judgment, this Court wanted clarifica on from pe oner-Anju Aggarwal. However, 1 1 of 3 ::: Downloaded on - 07-03-2024 00:24:56 ::: Neutral Citation No:=2024:PHHC:030377 CRM-M-62610-2023 2024:PHHC:030377 the pe on qua her husband-Vinay Kumar was allowed and interim order was made absolute on 20.01.2024. Now the pe on, which was confined only to pe oner- Anju Aggarwal was heard and judgment was again reserved on 13.02.2024. But again this Court wanted further clarifica ons from the pe oner-Anju Aggarwal and passed the following order:
"At the me of dicta ng the judgment, this Court has perused the paragraph No. 9 of the reply dated 13.02.2024, as per which, the pe oner had received excess compensa on to the tune of Rs. 3,65,47,200/-. However, counsel for the pe oner did not response to the same, as such, it would be appropriate to get the pe oner's response on this score.
List on 23.02.2024."
4. State counsel opposes the bail and submits that pe oner be directed to return the whole amount which she received as compensa on for which she was not en tled.
5. Counsel for the pe oner-Anju Aggarwal voluntarily submits that the pe oner does not have cash in hand but she has assets as well as its valua on report. As per the valua on report dated 01.03.2024, the market rate of her assets is Rs.5.20 crores and even the distress sale is Rs.3.90 crores. The original valua on cer ficate has been handed over to the State counsel. Counsel for the pe oner on instruc ons from the pe oner undertakes not to alienate, mortgage, encumber or transfer the proper es in any manner including by Will or giF deed to anyone without permission of the trial Court ll the comple on of trial. He further undertakes to hand over an affidavit with respect to aforesaid statement given by the pe oner's counsel on her behalf to the State counsel within one week from today. He further submits that such undertaking is voluntarily and she will not claim it as viola on of Ar cles 20 and 21 of Cons tu on of India or any provisions of Indian Evidence Act including Sec ons 17 to 21 on any other law.
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6. Counsel for the pe oners submits that in case she does not hand over the aforesaid affidavit, this bail pe on shall be treated as withdrawn without any further reference to this Court and interim order be recalled.
7. Given above, the present pe on is allowed and interim order dated 13.12.2023 is made absolute subject to the condi on that pe oner shall hand over her affidavit to the inves gator or to the State counsel on or before 15.03.2024. In case of her failure to do so, present pe on shall stand disposed of as withdrawn automa cally without any further reference to this Court. However, it shall be permissible for the pe oner to file a second bail pe on under Sec on 438 Cr.P.C. in this case men oning the reasons for non-compliance of this order.
(ANOOP CHITKARA)
JUDGE
04.03.2024
Jyo -II
Whether speaking/reasoned: Yes
Whether reportable: No.
Neutral Citation No:=2024:PHHC:030377
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