Malkit Kaur And ORS v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-6.4.2022 Malkit Kaur and others ... Petitioners

Versus

State of Punjab ... Respondent \

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Amandeep Singh Manaise, Advocate for the petitioners. Mr. Anmol Singh Sandhu, AAG, Punjab, assisted by ASI Milkh Raj.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.306 dated 14.12.2021, Police Station Sadar Fazilka, District Fazilka under Sections 353, 186, 224 and 225 of Indian Penal Code.

2.

At the time of issuance of notice of motion, the following order was passed on 21.2.2022:

"Taken up in virtual mode.

This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioners in FIR No.306 dated 14.12.2021 under Sections 353, 186, 224, 225 of the Indian Penal Code, 1860 registered at Police Station Sadar Fazilka, District Fazilka.

( 2 ) Learned counsel for the petitioners would contend that petitioner No.1 is named in the FIR, however, petitioner Nos.2 and 3 have not even been named in the FIR. It is further the case that on 14.12.2021 at about 6.30 AM the police officials suddenly entered the bedroom of the petitioners while the petitioners were sleeping and they started abusing the petitioners and tried to forcibly take away Manga Singh (son of petitioner No.1). It is further contended that when petitioner No.2 tried to inquire from the police officials they abused and misbehaved with her and the entire incident had been recorded on the mobile phone. It is only because of recording of the entire incident that the present petitioners, all three whom are ladies, have been implicated falsely in the present case. The learned counsel would further contend that although the complainant in the present case is SI-Iqbal Singh, however, there is a delay of four hours in registration of the FIR. Notice of motion.

On the asking of the Court, Mr. H.S. Multani, AAG Punjab has joined the session through video conferencing and accepts notice on behalf of the respondent-State. Learned counsel for the State seeks some time to file his reply.

List on 06.04.2022.

Meanwhile, the petitioners are directed to join investigation as and when called for. In the event of arrest, the petitioners shall be admitted to interim bail on their furnishing personal bonds with adequate surety to the satisfaction of the Investigating/Arresting Officer. The petitioners shall abide by all the terms and conditions as specified in Section 438(2) of the Code of Criminal Procedure, 1973. "

3.

Learned State counsel upon instructions from the Investigating Officer has informed that pursuant to interim directions, the petitioners have joined investigation and are not required for any custodial interrogation. Learned

( 3 ) State counsel has further informed that the petitioners are not involved in any other case.

4.

Having regard to the aforesaid facts and circumstances and particularly the fact that the petitioners are stated to have joined investigation and are not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 21.2.2022 are hereby made absolute, subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.

6.4.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No