IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 123 OF 2023 (@ Special Leave Petition (Crl.) No.5040/2022)
POOJA SONI …APPELLANT(S)
VERSUS
THE STATE OF HARYANA .RESPONDENT(S)
O R D E R
Leave granted.
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 10-05-2022 passed by the High Court Of Punjab & Haryana at Chandigarh in CRM-M No. 19777/2020 (O&M) by which the High Court has refused to grant anticipatory bail to the appellant, the appellant/original accused has preferred the present appeal.
At the outset, it is required to be noted that pursuant to order passed by this Court on 02.06.2022, while issuing notice, there is an interim protection in favour of the appellant subject to the appellant cooperating in the investigation. It is reported that pursuant to the earlier order passed by this Court, thereafter, the appellant has appeared before the Investigating Agency. Contd.. – 2 –
In view of the above and in the facts and circumstances of the case, we are of the opinion that a case is made out for anticipatory bail. The impugned judgment and order passed by the High Court is set aside.
I t is ordered that in case of arrest of the appellant in connection with the FIR in question, the appellant be released on bail on the terms and conditions that may be determined by the learned Trial Court.
It is specifically directed that the appellant shall co-operate in the investigation and shall remain present as and when called by the Investigating Officer (I.O.) and in case the I.O. is of the opinion that the appellant is not cooperating in the investigation, it will be open for the respondent and/or I.O. to move the learned Trial Court for cancellation of the bail/anticipatory bail, which may be considered in accordance with law and on its own merits.
The present appeal is allowed accordingly. ……..J.[M.R. SHAH] ……………….. J.( C.T. RAVIKUMAR )
New Delhi;
January 16, 2023.
ITEM NO.12 COURT NO.4 SECTION II-B S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 5040/2022
(Arising out of impugned final judgment and order dated 10-05-2022 in CRM-M No. 19777/2020 (O&M) passed by the High Court of Punjab & Haryana at Chandigarh)
POOJA SONI Appellant(s)
VERSUS
THE STATE OF HARYANA Respondent(s)
(IA No. 111572/2022 – EXEMPTION FROM FILING O.T.
IA No. 77473/2022 – EXEMPTION FROM FILING O.T.)
Date : 16-01-2023 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE M.R. SHAH
HON’BLE MR. JUSTICE C.T. RAVIKUMAR
For Appellant(s) Mr. Varinder Kumar Sharma, AOR
For Respondent(s)
Mr. Bhanwar Pal Singh Jadon, DAG
Dr. Monika Gusain, AOR
Mr. Chetan Jadon, Adv.
Mr. Rovin Singh Solanki, Adv.
Dr. V.P.S. Jadon, Adv.
Ms. Hemlata Singh, Adv.
Mr. Harsh Vardhan Rajawat, Adv.
Mr. Arvind Gupta, AOR
Mr. G C Shahpuri, Adv.
Mr. Surinder Singh, Adv.
Mr. Mohit Bidhuri, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order. Pending application(s) shall stand disposed of.
(NEETU SACHDEVA) (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file)