Himachal Pradesh High Court
Marzeena vs State Of Himachal Pradesh on 12 October, 2023
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CrMP(M) No. 2545 of 2023
.
Decided on : 12.10.2023
Marzeena ...Applicant
Versus
State of Himachal Pradesh ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant : Mr. N.S. Chandel, Senior Advocate,
with Mr. Kshitij and Mr. Imran
Khan, Advocates.
For the respondent : Mr. Mohinder Zharaick, Mr. H.S.
Rawat and Mr. Tejasvi Sharma,
Additional Advocates General, with
Ms. Leena Guleria, Deputy Advocate
General, assisted by SI Tek Ram, PS
Nalagarh.
Virender Singh, Judge. (Oral)
Applicant-Marzeena, who is apprehending her
arrest, has approached this Court, by filing the present
application, under Section 438 of the Code of Criminal
Procedure (hereinafter referred to as 'CrPC'), with a
Whether Reporters of local papers may be allowed to see the judgment? Yes.
prayer, that, in the event of her arrest, the Investigating
Officer/Police of Police Station Nalagarh, may kindly be
.
directed to release her, on bail, in case FIR No. 164 of
2023, dated 6th June, 2023, registered under Section 420
of the Indian Penal Code (hereinafter referred to as 'IPC').
2. According to the applicant, she is an innocent
person and has falsely been implicated, in this case.
3. As per the applicant, she has nothing to do
with the offences, which have been levelled against her,
in the said FIR.
4. According to the applicant, she is the
permanent resident of the address, as mentioned in the
bail application and having deep roots in the society.
5. The applicant has given certain undertakings,
for which, he is ready to abide by, in case, directions are
issued, under Section 438 CrPC, to the police.
6. The applicant has also tried her luck, by
moving the application, under Section 438 CrPC, before
the Court of learned Additional Sessions Judge,
Nalagarh, District Solan, H.P., however, her application
has been dismissed, vide order, dated 3rd October, 2023.
.
7. On the basis of the above facts, Mr. N.S.
Chandel, learned Senior Advocate, assisted by Mr.
Kshitij Thakur, Advocate, has prayed that the bail
application may kindly be allowed.
8. On 4th October, 2023, when this bail
application was taken up, the State was directed to file
the status report, upon which, the status report was
filed, disclosing therein, that on 6th June, 2023,
complainant-Mohd. Haneef appeared before the police,
by moving a complaint, disclosing therein, that in order
to get employment for his son-in-law, he has contacted
one agent, namely Marzeena @ Baby (applicant). The
applicant had directed them to transfer an amount of
₹ 75,000/-, which was transferred in her account, in the
months of August and September. She has also received
₹ 50,000/- in cash.
8.1. According to the complainant, the applicant
had assured the complainant to get the job for his son-
in-law in Malaysia, however, the air ticket, which, she
had booked, was of Thailand. There also, one agent
.
contacted them and took ₹ 50,000/- more. The said
agent took the son-in-law of the complainant, to
Malaysia. He was made to sit at the Bus Stand, on the
assurance, that the company vehicle will take him to the
premises of the company. Thereafter, the said agent also
fled away from there. The police at Malaysia arrested the
son-in-law of the complainant. When, this information
was received by the complainant, he has contacted an
agent, who, also demanded ₹ 1,50,000/- more.
Thereafter, with great difficulty, the son-in-law of the
complainant was got released.
8.2. According to the complainant, a total sum of
₹ 5,00,000/- has been taken away by way of fraud. On
the basis of the above facts, the complainant has prayed
that action be taken against the accused (applicant),
upon which, the police registered the FIR, under Section
420 IPC, and the criminal machinery swung into motion.
8.3. As per the status report, during investigation,
the documents, pertaining to the amount, allegedly
.
transferred, were obtained. The son-in-law of the
complainant was also associated in the investigation.
The copies of the air ticket, visa on arrival, hotel booking,
confirmation, etc. were also obtained.
8.4. According to the further status report, the
applicant is the main kingpin of the crime. As such, a
prayer has been made to dismiss the bail application.
9. After perusing the said status report, the
interim protection was granted to the applicant, on 4th
October, 2023, with a direction, to join the investigation,
as and when, directed by the Investigating Officer, to do
so, and the matter was adjourned for today.
10. Today, the police has filed the fresh status
report, disclosing therein, that the applicant has joined
the investigation, but, she has not got effected the
recovery of the amount, nor, she is disclosing about her
companions.
11. On the basis of the above facts, a prayer has
been made to dismiss the bail application.
.
12. Heard.
13. The applicant has joined the investigation and
the role, allegedly played by her, in the commission of
the crime, will be proved during the trial, when, the
police will file the charge-sheet against her.
14. The bail application cannot be dismissed as a
matter of punishment. Dismissal of the bail application,
at this stage, is nothing, but, punishing the applicant,
before the trial and pre-trial punishment is prohibited
under the law.
15. The police is not able to make out a case for
custodial interrogation. Even otherwise, being a lady,
the applicant is entitled for the special protection, as
provided by the Legislature, in its wisdom, to the women,
as well as, the infirm persons, under the provisions of
Sections 437 CrPC.
16. Considering all these facts, this Court is of the
view that the interim protection, which has been granted
to the applicant, vide order, dated 4th October, 2023, is
liable to be confirmed.
.
17. Consequently, interim order, dated 4th
October, 2023, is made absolute. Therefore, it is ordered
that the applicant be released on bail, in the event of her
arrest, in case FIR No. 164 of 2023, dated 6th June,
2023, registered under Section 420 IPC, with Police
Station Nalagarh, on her furnishing personal bonds, to
the tune of ₹ 50,000/-, with one surety of the like
amount, to the satisfaction of the Investigating Officer.
The bail is granted, subject to the following conditions:
a) That the applicant will join the investigation
of the case, as and when, called for, by the
Investigating Officer, in accordance with law;
b) That the applicant will not leave India,
without prior permission of the Court;
c) That the applicant will not, directly or
indirectly, make any inducement, threat or
promise to any person, acquainted with the
facts of the case, so as to dissuade him/her
from disclosing such facts to the Investigating
Officer or the Court; and
d) That the applicant shall regularly attend the
trial Court on each and every date of hearing
and if prevented by any reason to do so seek
exemption from appearance by filing
appropriate application;
18. Any of the observations, made hereinabove,
shall not be taken as an expression of opinion, on the
.
merits of the case, as, these observations, are confined,
only, to the disposal of the present bail application.
19. The applicant is directed to move regular bail
application, when charge sheet will be filed in the
Competent Court of Law.
20. It is made clear that the respondent-State is
at liberty to move an appropriate application, in case,
any of the bail conditions, is found to be violated by the
applicant.
( Virender Singh )
Judge
October 12, 2023
( rajni )
