Ranjit Kaur And Another v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH DATE OF DECISION :- April 19, 2021 Ranjit Kaur and another
...Petitioners
Versus
State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Narinder Singh, Advocate for the petitioners. Mr. J.S. Ghuman, DAG, Punjab.
*** The case has been taken up through Video Conferencing. This petition for pre-arrest bail has been filed by petitioners Ranjit Kaur, aged 42 years, wife of Gurdeep Singh, resident of House No. 264, Patti Bhagu Singh Ki Sherpur Road, Galib Kalan, Police station Jagraon, District Ludhiana and Kuldeep Kaur, aged 45 years, wife of Davinder Singh, resident of Galib Kalan, Police station Jagraon, District Ludhiana, both of them being accused in F.I.R. No. 0187 dated 2.9.2019 registered with Police Station Sadar Jagraon, District Ludhiana Rural for offences under Sections 323, 324, 341, 379, 506, 294, 34 IPC. Briefly stated the prosecution story is that on 30.8.2019 at about 6.10 P.M., while complainant Gopal Singh was returning home from his fields on his Motorcycle, on the way he was intercepted by Gurdeep Singh, Davinder Singh along with Kuldeep Kaur (petitioner) and Ranjit Kaur (petitioner). On lalkara being raised by Gurdeep Singh, he hit Gopal
Singh with gandasi; Davinder Singh also gave gandasi blow to Gopal Singh whereas Kuldeep Kaur snatched the golden chain of Gopal Singh and Ranjit Kaur snatched the purse of the complainant containing Rs.6500/- and other documents; the complainant injured raised alarm which attracted one Jagjot Singh. Then the accused assailants ran away from the spot. On the basis of statement of complainant Gopal Singh, formal F.I.R was registered. The investigation in the case started. Apprehending their arrest, the petitioners had approached the Court of Sessions at Ludhiana seeking pre-arrest bail but were unsuccessful, as such they have approached this Court craving for grant of similar relief. I have heard learned counsel for the petitioners and learned State counsel besides going through the record.
The petitioners were granted interim bail with a direction to join the investigation, As stated by the learned counsel for the petitioners, they have done so. This fact is further conceded by learned State counsel on instructions from ASI Balwinder Singh further stating that as no recovery is to be effected from the petitioner, their custodial interrogation is not required.
In view of the statement made by learned State counsel and the fact that it is case of version and cross version; the persons from petitioners side has also suffered injuries in the incident and the main accused had been granted pre-arrest bail by this Court vide order dated 4.2.2020 (Annexure P1), I find it a fit case to grant pre-arrest bail to the petitioners. Under such circumstances, the interim bail granted to the petitioners on 1.3.2021 is made absolute, subject to the following conditions:-
(i) they shall join the investigation as and when so directed. (ii) they shall appear in the Court on each and every date of hearing.
(iii) they shall not give any threat or intimidation to the prosecution witnesses.
(iv) they shall not leave India without prior permission of the Court.
(v) they shall surrender their Passports before the Investigating Officer and if they are not having Passports then shall file the affidavits in that regard. In case the petitioners violate any term and condition on which the bail has been granted to them, the prosecution would be entitled to apply for cancellation of bail.
The petition stands allowed accordingly.
(H.S. MADAAN) JUDGE April 19, 2021 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No