High Court of Punjab and HaryanaCRM-M/11224/2018allowed

Baljit Kaur And ANR v. State Of Punjab

2018-07-16Mr. Justice Jasgurpreet Singh Puri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-11224-2018 Date of decision: 16.07.2018 Baljit Kaur and another

...Petitioners

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. P.B.S. Goraya, Advocate for the petitioners.

Ms. Rajni Gupta, D.A.G., Punjab.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in case FIR No. 82 dated 03.07.2017 under Sections 376/120-B IPC and Sections 3 & 4 of the SC/ST Act, registered at Police Station Goindwal, District Tarn Taran. This Court was pleased to pass the following order on 16.03.2018 :- "Heard.

Learned counsel for the petitioners submits that the petitioners were found innocent in the inquiry that was initially done and kept in column No.2, when the challan was presented. It is only that when the application under Section 319 Cr.P.C. filed, that they have been summoned to face trial. It is contended that the petitioners are ready to join and face the trial and prays for stay of their arrest.

Satyawan 2018.07.18 17:02 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-11224-2018 -2I have heard learned counsel for the petitioners and in view of the facts that the main accused has already been granted regular bail by this court and the petitioners herein have been initially found innocent by he Investigating Officer, coupled with the fact that they are to join investigation, it would be appropriate to direct them to join the trial.

Notice of motion for 16.07.2018.

In the meantime, the petitioners herein are directed to appear/surrender before the trial court within a period of 10 days and on their doing so, they be released on interim bail by the trial court to its satisfaction."

Learned counsel for the petitioner submits that the petitioner has appeared and furnished the requisite bail bonds before the trial Court. Learned counsel for the respondent-State has not disputed the factum of appearance before the trial Court and furnishing bail bonds. Since the petitioner has joined the proceedings and has furnished the bail bonds, the petition is allowed and interim order dated 16.03.2018 is hereby made absolute subject to the condition that the petitioner will not tamper with evidence or hamper the investigation; will not leave India without permission of the Court and will comply with the conditions contained in Section 438(2) Cr.P.C. 16.07.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.07.18 17:02 I attest to the accuracy and authenticity of this document High Court Chandigarh