Punjab-Haryana High Court
Jaswinder Kaur @ Jassi vs State Of Punjab on 4 September, 2023
201-A
2023:PHHC:115619
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.29082 of 2023
Date of Decision: 04.09.2023
Jaswinder Kaur @ Jassi ..... Petitioner
Versus
State of Punjab ....Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present: Mr. Navinder Jit Singh Dandiwal, Advocate
for the petitioner.
Mr. Amit Shukla, A.A.G., Punjab.
REEKE
PANKAJ JAIN, J. (ORAL)
While issuing notice of motion on 02.06.2023 the following
order was passed:-
ASHISH
2023.09.05 06:06
| attest to the accuracy and
integrity of this judgment/order
"Instant petition has been filed under Section 438 Cr.P.C.
praying for grant of anticipatory bail to the petitioner in
case FIR No.59, dated 13.04.2023, under Section 304 IPC,
registered at Police Station Dharamkot, District Moga.
It has been submitted by counsel for the petitioner
that petitioner, who is 38 years old widow and has a minor
son, has been falsely implicated in this case due to village
politics. It is further submitted that from the bare reading of
the allegations made in the FIR, neither any prima facie
case nor any case for custodial interrogation of the
petitioner is made out, however, she is ready to join the
investigation and abide by all the terms and conditions of
the anticipatory bail if this Court considers her request for
granting the same. It is further submitted that co-accused of
the petitioner has already been granted interim anticipatory
bail by this Court vide order dated 22.05.2023 passed in
CRM-M-25834-2023.
Issue notice of motion.
On asking of the Court, Mr.Sandeep Kumar, DAG,
Punjab, who is present in Court, accepts notice on behalf of
the respondent-State and submits, on instructions from ASI
Jasbir Singh, that petitioner is involved in one more case,
i.e. FIR No.133, dated 16.07.2021, under Section 21 of the
Narcotics Drugs and Psychotropic Substances Act, 1985,
registered at Police Station Dharamkot.
Adjourned to 04.09.2023.
However, in the meanwhile, in the event of arrest, the
petitioner shall be released on interim bail subject to the
satisfaction of the Arresting Officer/Investigating Officer.
The petitioner shall join investigation before the
Investigating Agency/Officer. She shall abide by the
following conditions as envisaged under Section 438(2)
Cr.P.C.:-
"(i) That the petitioner shall make herself available for
interrogation by a police officer as and when required to do
so; (ii) That the petitioner shall not directly or indirectly,
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the Court or to any police
officer; (iti) That the petitioner shall not leave India without
prior permission of the Court." State is directed to file
status report on or before the next date of hearing. "
2. Status report filed in Court today by way of affidavit of
Ravinder Singh, PPS, Deputy Superintendent of Police, Dharamkot,
District Moga is taken on record. Copy has been supplied.
ASHISH
2023.09.05 06:06
| attest to the accuracy and
integrity of this judgment/order
ASHISH
2023.09.05 06:06
3. Today, Mr. Amit Shukla, Assistant Advocate General,
Punjab, on instructions from Investigating Officer has stated that
pursuant to the order dated 02.06.2023 the petitioner has joined
investigation and is no longer required for custodial interrogation.
4. In view of above, the interim order dated 02.06.2023 passed
by this Court is made absolute, subject to the conditions as enumerated
under Section 438(2) Cr.P.C.
5. This order does not in any manner limit or restrict the rights
or duties of the police or investigating agency, to investigate into the
charges against the petitioner.
6. The petitioner shall be deemed to be in custody for the
purpose of Section 27 of the Evidence Act, 1872 in regard to a discovery
of facts made in pursuance of information supplied by the petitioner in
case the occasion arises.
7. It will be open to the police or the investigating agency to
move this court for a direction under Section 439 (2) Cr.P.C. to arrest the
accused, in the event of violation of any term, such as absconding, non-
cooperating during investigation, evasion, intimidation or inducement to
witnesses with a view to influence outcome of the investigation or trial.
8. Petition stands disposed off.
9. Needless to say that anything observed herein shall not be
construed to be an opinion on the merits of the case.
10. Pending application(s), if any, shall also stand disposed of.
( PANKAJ JAIN )
JUDGE
September 04, 2023
ashish
Whether speaking/reasoned: Yes/No
fattest to the accuracy and Whether reportable: Yes/No
integrity of this judgment/order
