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
233
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
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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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