Punjab-Haryana High Court
Jassi Kaur vs State Of Punjab on 16 April, 2024
Author: Mahabir Singh Sindhu
Bench: Mahabir Singh Sindhu
Neutral Citation No:=2024:PHHC:051407
CRM M-61012 of 2023 Neutral Citation No.2024:PHHC:051407
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IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM M-61012-2023 (O&M)
Date of Decision: 16.04.2024
Jassi Kaur .......Petitioner
Versus
State of Punjab ........Respondent
CORAM: HON'BLE MR.JUSTICE MAHABIR SINGH SINDHU Present: Mr. Aman Kumar, Advocate for Mr. Piyush Sharma, Advocate, for the petitioner.
Ms. Manjot Kaur, AAG, Punjab assisted by ASI Des Raj.
MAHABIR SINGH SINDHU. J.
Present petition has been filed under Section 439 Cr.P.C seeking bail pending trial in FIR No.31 dated 11.04.2023 registered under Section 306 IPC at Police Station, Arniwala, District Fazilka.
2. Allegations are that Buta Singh son of complainant-Raj Kaur committed suicide on the instigation of petitioner.
3. Learned counsel submits that in pursuance of order dated 12.12.2023, petitioner was released on interim bail and since then, she is regularly appearing before the learned trial Court.
4. Learned State counsel, upon instructions, has fairly acknowledged the above factual position.
5. Heard learned counsel for the parties and perused the paper book.
6. This Court, on 12.12.2023, granted interim bail to the petitioner in the following order:-
"Learned counsel contends inter-alia that in view of the law laid down by Hon'ble the Supreme Court in Mohit Singhal and 1 1 of 3 ::: Downloaded on - 19-04-2024 00:42:28 ::: Neutral Citation No:=2024:PHHC:051407 CRM M-61012 of 2023 Neutral Citation No.2024:PHHC:051407 another Vs. The State of Uttarakhand and others (Criminal Appeal No. 3578 of 2023, decided on 01.12.2023), prima-facie, no offence under Section 306 IPC is made out against the petitioner. Faced with the above situation, learned State counsel seeks time to go through the aforesaid judgment and have instructions in the matter.
Posted for 08.02.2024.
Till the next date of hearing, petitioner is ordered to be released on interim bail in this case on her furnishing bail bonds and surety bonds to the satisfaction of learned trial Court/Duty Magistrate concerned."
In pursuance of the above order, petitioner is regularly appearing before learned trial Court. There is no allegation that she is likely to misuse the concession of bail or hamper the proceedings in any manner, in case her interim bail is made absolute; thus sending the petitioner to custody, at this stage, would not serve any purpose.
7. Consequently, the present petition is allowed. Interim bail granted to the petitioner, vide order dated 12.12.2023, is made absolute. She shall be admitted to bail on furnishing bail/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
8. Petitioner shall fully co-operate with the learned trial Court without seeking any unnecessary adjournment(s).
9. The above observations be not construed as an expression of opinion on the merits of the case.
10. It is clarified that in case there is any misuse of concession of bail on the part of the petitioner, State of Punjab would be at liberty to move an appropriate application for recalling of this order. Also clarified that non- appearance of petitioner before learned Special Court shall be construed as misuse of the concession.
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11. Pending criminal misc. application(s), if any, shall also stand disposed off.
16.04.2024 (MAHABIR SINGH SINDHU)
SN JUDGE
Whether speaking/reasoned : Yes/No
Whether Reportable: Yes/No
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