Sakwinder Kaur vs State Of Punjab

Punjab-Haryana High Court

Sakwinder Kaur vs State Of Punjab on 7 May, 2024

207 2024: PHHC:063212

IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH

CRM-M-12593-2024
Date of decision: 07.05.2024

SAKWINDER KAUR .»..PETITIONER
VERSUS

STATE OF PUNJAB ....RESPONDENT

CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY

Present:- Mr. Jaspreet Kaur, Advocate for

Mr. Fatehjeet Singh, Advocate
for the petitioner.

Mr. Ankit Grewal, DAG, Punjab.

36 2 2s 2 2

SANJIV BERRY, J.(ORAL)

By way of present petition filed under Section 438 of Code of Criminal Procedure, 1973, petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under:

FIR No. | Dated Sections Police Station 134 20.07.2023 |186, 353, 427, 379-B|Division No.6, Jalandhar, and 506 of IPC and|District Commissionerate, Sections 232, 34 and 411 | Jalandhar.

of IPC added later on.

2. Learned counsel for the petitioner submits that in compliance to the order dated 18.04.2024 passed by this Court, the petitioner has already joined the investigation and as such prayed for confirming the interim bail granted vide order dated 18.04.2024.

3. Learned State counsel intimates that the petitioner had joined the investigation in the case and is no more required for any custodial investigation in this case nor he is required for further investigation.

4. During the course of hearing on 18.04.2024, following order was passed:

KANIKA 2024.05.08 09:41 I attest to the accuracy and « Heard authenticity of this ° ° order/judgment 207 2024: PHHC:063212 CRM-M-12593-2024 2

3. It is, inter alia, contended by learned counsel for the petitioner that the petitioner has been nominated as one of the accused simply because she happens to be wife of Parveen Kumar to whom the police had come to arrest on the alleged date. He submits that no specific overt act is attributed to the petitioner and even her husband Parveen Kumar has since been arrested and granted concession of bail. He further contends that the petitioner is not involved in any other criminal activity nor any case is registered against him. She is ready to join the investigation.

4. Per contra, learned State counsel, by referring to the reply, submits that the petitioner has snatched the mobile phone of the official but when confronted, the concerned police official AST Swaraj Thakur, P.S. Division VI, Jalandhar, present in Court, admitted that as per the FIR only lalkara is attributed to the petitioner.

5. Be the case as it may be, without commenting on the merit of the case, the petitioner is hereby directed to join investigation within seven days from today and in the event of her arrest, she is ordered to be released on interim bail on her furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. She shall also abide by conditions as envisaged under Section 438(2) Cr.P.C.

6. List on 07.05.2024."

5. Keeping in view the respective submissions made by learned State counsel and considering the fact that the petitioner had already joined the investigation and is no more required for further investigation nor she is required for any custodial interrogation, interim bail granted vide order dated 18.04.2024 is hereby confirmed, subject to conditions as envisaged under Section 438(2) Cr.P.C. Further, the petitioner is directed to KANIKA 2024.05.08 09:41 I attest to the accuracy and authenticity of this order/judgment 207 2024: PHHC:063212 CRM-M-12593-2024 3 join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; she will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.

6. The petition stands allowed.

7. It is made clear that anything contained hereinabove shall not be construed to be an expression of opinion on the merits of the case.

07.05.2024 (SANJIV BERRY) kanika JUDGE

i) Whether speaking/reasoned? Yes/No

ii) Whether reportable? Yes/No KANIKA 2024.05.08 09:41 I attest to the accuracy and authenticity of this order/judgment