Punjab-Haryana High Court
Mandeep Kaur Sidhu vs State Of Punjab on 22 April, 2024
CRM-M No.2771 of 2024 (O&M) oo 2024: PHHC:054381
216 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.2771 of 2024 (O&M)
Date of decision : 22.04.2024
Mandeep Kaur Sidhu esses Petitioner
versus
StateofPunjabo ee Respondent
CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN
rr
Present :- Mr. P.K.Bansal, Advocate for the petitioner.
Mr. Tarun Aggarwal, Sr. DAG, Punjab.
Mr. Tajinder Kataria, Advocate
and Ms. Heena Verma, Advocate
for the complainant.
RK
PANKAJ JAIN, J. (ORAL)
1 On 19.01.2024 the following order was passed:-
" Apprehending her arrest in FIR No.129 dated 20.12.2023,
registered for offences punishable under Sections 457, 380 of the
Indian Penal Code, 1860 at Police Station Ghall Khurd, District
Ferozepur, the petitioner has preferred this petition under Section
438 CrP.C. seeking pre-arrest bail.
Ld. Counsel for the petitioner inter alia submits that the
dispute in fact relates to matrimonial discord between the
complainant and the present petitioner. The petitioner has already
filed petition under Section 13 of the Hindu Marriage Act seeking
annulment of the marriage and the present complaint is offshoot
thereof.
Issue notice of motion, returnable for 22.04.2024.
Mr. Tarun Aggarwal, Sr. DAG, Punjab appears and accepts
notice on behalf of the respondent/State.
Mr. Tejinder Kataria, Advocate appears and files his power
of attorney on behalf of the complainant today in Court, which is
taken on record.
2024.04.25 10:44
T attest to the accuracy and
authenticity of this
order/judgment.
CRM-M No.2771 of 2024 (O&M) 2: 2024: PHHC:054381
In the meantime, in the event of arrest, the petitioner shall be
released on interim bail subject to her furnishing personal and
surety bonds to the satisfaction of the Arresting Officer/Investigating
Officer. As and when called, the petitioner shall join the
investigation. She shall abide by the conditions enumerated under
Section 438(2) of the CrP.C."
2 Learned State counsel on instructions from SI Lakbir Singh has
stated that pursuant to the order dated 19.01.2024 the petitioner has joined
investigation and is no longer required for custodial interrogation.
3 In view of above, the interim order dated 19.01.2024 passed by
this Court is made absolute, subject to the conditions as enumerated under
Section 438(2) Cr.P.C.
4 This order should not be treated as "blanket" order. It will not be
read granting petitioner indefinite protection from arrest. It shall be confined to
the FIR mentioned ibid and will not operate in respect of any other incident that
involves commission of an offence.
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.
CRM-M No.2771 of 2024 (O&M) 3: 2024: PHHC:054381
9 Needless to say that anything observed herein shall not be
construed to be an opinion on the merits of the case.
(PANKAJ JAIN )
JUDGE
22.04.2024
Pooja sharma-I Whether speaking/reasoned Yes
Whether Reportable : No
