Geeta Rani Sharma vs State Of Punjab
2022 Latest Caselaw 7686 P&H

CRM-M-24073-2022                                                     -1-


            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH
(210)
                                      CRM-M-24073-2022
                                      Date of decision: - 25.07.2022
Geeta Rani Sharma
                                                                           ....Petitioner
                                         Versus
State of Punjab
                                                                       .....Respondent

CORAM : HON'BLE MR. JUSTICE VIKAS BAHL

Present:-      Mr. Amaninder Singh Sekhon, Advocate, for the petitioner.

               Mr. Sarabjit S. Cheema, AAG, Punjab.

                   ****
VIKAS BAHL, J. (ORAL)

This is the first petition under Section 438 of Cr.P.C. for

grant of anticipatory bail to the petitioner in case FIR No.92 dated

03.05.2022, under Section 306 IPC, registered at Police Station City

Kotkapura, District Faridkot.

On 30.05.2022, this Court was pleased to pass the following

order:-

"Inter alia contends that in the present case, as per the FIR, there is no allegation so as to constitute offence under Section 306 of IPC, moreso, against the petitioner. It is further submitted that even as per the suicide note, which has been produced today in the Court and the same alongwith its true translation has been taken on record as Mark 'A', would also show that there is no specific allegation against the present petitioner. It is contended that the petitioner is a 69 year old lady and apparently, the deceased has committed suicide on account of having suffered business losses. It is further contended that as per the FIR, business between the husband of the petitioner and the deceased had already been partitioned. Reliance has been placed upon judgment of the Coordinate Bench of this Court in State of Punjab Vs. Kamaljit Kaur @ Bholi and another reported as 2008(2) RCR (Criminal) 562, as well as judgment of the Hon'ble Supreme Court in case titled as Gangula

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Mohan Reddy Vs. State of Andhra Pradesh reported as (2010) 1 SCC 750, in support of the arguments.

Notice of motion for 25.07.2022.

In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to her furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C."

Learned counsel for the petitioner has submitted that in

pursuance of the above-said order, the petitioner has joined the

investigation.

Learned State counsel, on instructions from ASI Iqbal Singh,

has submitted that the petitioner has joined the investigation on

20.06.2022 and is not required for further investigation.

Keeping in view the abovesaid facts and circumstances

moreso, the facts which have been noticed in abovesaid order dated

30.05.2022 and also the fact that the petitioner has joined the

investigation and is not required for further custodial interrogation, the

present petition is allowed and the interim order dated 30.05.2022 is

ordered to be made absolute.

However, nothing stated above shall be construed as a final

expression of opinion on the merits of the case and the trial would

proceed independently of the observations made in the present case which

are only for the purpose of adjudicating the present bail application.

July 25, 2022                                             ( VIKAS BAHL )
naresh.k                                                       JUDGE
             Whether reasoned/speaking?            Yes/No
             Whether reportable?                   Yes/No




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