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Anamika Rani Suman vs State Of Haryana
2024 Latest Caselaw 7039 P&H

Citation : 2024 Latest Caselaw 7039 P&H
Judgement Date : 3 April, 2024

Punjab-Haryana High Court

Anamika Rani Suman vs State Of Haryana on 3 April, 2024

Author: Gurvinder Singh Gill

Bench: Gurvinder Singh Gill

                                                                                 2024:PHHC:045023

                             In The High Court for the States of Punjab and Haryana
                                             At Chandigarh

                                                               CRM-M-15234-2024 (O&M)
                                                               Date of Decision:- 03.04.2024

                             Anamika Rani Suman                                   ... Petitioner

                                                           Versus

                             State of Haryana                                     ... Respondent

                 CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

                 Present:-          Mr. Sanchit Punia, Advocate, for the petitioner.

                                    Mr. Ramender Singh Chauhan, AAG, Haryana.

                                    *****

                   FIR DATE                 POLICE STATION            OFFENCES
                   NO.
                      164      29.03.2021 HTM        Hisar,   District 406, 420, 120-B IPC
                                             Hisar


                 GURVINDER SINGH GILL, J. (Oral)

1. The instant petition has been filed on behalf of the petitioner seeking

grant of regular bail in respect of aforementioned FIR.

2. The allegations, in nutshell are that the petitioner and her husband had

cheated the complainant for an amount of Rs.30.40 lakhs.

3. Learned counsel for the petitioner submits that it is a case where the

complainant as well as the petitioner's husband had business

transactions and that during the course of which the petitioner's

husband had issued 4 cheques favouring the complainant for a total of

Rs.30.40 lakhs which were somehow dishonoured and in respect of

which the complainant has also instituted complaint under Section

138 of Negotiable Instruments Act. Learned counsel submits that

integrity of this order/judgment CRM-M-15234-2024 (O&M) -2- 2024:PHHC:045023

since identically situated co-accused i.e. the husband of the petitioner

namely Upender Kumar @ Manish had already been granted bail, the

petitioner also deserves the same concession on the ground of parity.

4. Opposing the petition, learned State counsel has submitted that since

there are specific and categoric allegations against the petitioner, her

complicity is clearly evident. Learned State counsel however,

informed that the petitioner as on date has been behind bars since the

last 2 months and 14 days and that although challan has been

presented and charges have been framed but no PW out of the cited

10 PWs has been examined till date. It has also been informed that

the petitioner is not involved in any other case.

5. This Court has considered the rival submissions addressed before this

Court.

6. Having regard to the fact that challan already stands presented and

identically situated co-accused has already been granted bail, the

petitioner who is a lady and has a clean record, certainly deserves the

same concession on the ground of parity. The petition, as such, is

accepted and the petitioner is ordered to be released on regular bail on

her furnishing bail bonds/surety bonds to the satisfaction of learned

trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.




                 03.04.2024                                      ( GURVINDER SINGH GILL)
                 mohan                                                     JUDGE


                                    Whether speaking /reasoned        Yes / No

                                    Whether Reportable                Yes / No






integrity of this order/judgment

 
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