High Court of Punjab and HaryanaCRM-M/13488/2015allowed

Prem Lata & ANR v. State Of Punjab

2015-07-31Mr Justice Gurdev Singh2 pages

CRM-M-13488-2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-13488-2015 Date of decision: 31.07.2015 Prem Lata and another ..... Petitioners

Versus

State of Punjab ..... Respondent

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH PRESENT: Mr. Amit Dhawan, Advocate for the petitioners. Mr. Gazi Mohd., DAG, Punjab.

R.P. NAGRATH, J. (ORAL) This petition under Section 438 Cr.P.C. has been filed by the petitioners, namely; Prem Lata and Shipla, seeking anticipatory bail in FIR No. 246 dated 29.08.2013 registered under Sections 363/366/376/120-B of the Indian Penal Code at Police Station Rama Mandi, District Jalandhar.

When this case was listed on 28.04.2015, following order was passed:- "It is inter alia contended that the petitioners have been summoned as an additional accused in terms of Section 319 Cr.P.C. It is further contended that both the petitioners are female.

Notice of motion for 31.07.2015.

In the meanwhile, the petitioners are directed to appear before the trial Court on 04.05.2015, the date already fixed and the trial Court shall admit them to bail on furnishing bail bonds to its satisfaction. Till RISHU KATARIA 2015.08.01 12:56 I attest to the accuracy and authenticity of this document

CRM-M-13488-2015 -2then arrest of the petitioners shall remain stayed. In case, petitioners fail to do so, the concession of interim bail granted to them by this order shall automatically stands vacated."

It is not disputed that in terms of the above-stated order dated 28.04.2015, the petitioners have appeared before the trial Court and furnished the bail bonds.

Learned petitioners' counsel submits that the charges have since been framed by the trial Court even against the petitioners. On instructions from ASI Daljinder Singh, learned State counsel submits that the matter is fixed for today before the trial Court for recording prosecution evidence.

In view of the above and without expressing any opinion on the merits of case, the instant petition is allowed and order dated 28.04.2015 is made absolute and the bail bonds furnished by petitioners before the trial Court would continue during the pendency of trial. July 31, 2015 ( R.P. NAGRATH ) rishu JUDGE RISHU KATARIA 2015.08.01 12:56 I attest to the accuracy and authenticity of this document