Sukhpreet Kaur v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 05.08.2024 Sukhpreet Kaur .... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Vivek Singla, Advocate, for the petitioner. Mr. Inderjeet Singh Ladher, DAG, Punjab, assisted by ASI Nachattar Singh.

***** FIR NO.

DATE POLICE STATION OFFENCES 0014 07.02.2024 Jaito, District Faridkot 457 and 380 IPC (Section 411 IPC added later on) GURVINDER SINGH GILL , J . (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of anticipatory bail in respect of aforementioned FIR. 2.

At the time of issuance of interim bail the following order was passed on 04.03.2024:

"The petitioner seeks grant of anticipatory bail in respect of a case registered against her vide FIR No. 0014, dated 07.02.2024,

- 2 - Police Station Jaito, District Faridkot, under Section 457 and 380 IPC (Section 411 IPC added later on).

As per the case of prosecution, a secret informer informed the police on 07.02.2024 that a theft had taken place at Ambedkar Nagar Church on the night intervening 19/20.1.2024 and that the thieves had broken into through a door and had taken away gas furnace, gas stove, steel plates and flour weighing 40 kgs. The information was further to the effect that the devotees of the Church upon making inquiries had came to know that the theft had been committed by Sukhpreet Kaur, Gurpreet Singh and Jashandeep Singh.

Learned counsel submits that the entire FIR is based on the basis of a secret information and there is no evidence worth credence to substantiate the allegations against the petitioner who is a lady. Learned counsel submits that three persons have been nominated in respect of a petty theft, including the petitioner who is a lady aged 41 years. It has further been submitted that as a matter of fact the petitioner had been implicated falsely at the instance of her neighbour with whom some differences had cropped up.

Notice of motion for 05.08.2024.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to her furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."

3.

Learned State counsel has submitted that the petitioner has joined investigation and is not required for any custodial interrogation.

- 3 - 4.

In view of the aforestated position wherein the petitioner has joined investigation and she is not stated to be required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 04.03.2024 are hereby made absolute subject to the condition that the petitioner 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.

05.08.2024 (GURVINDER SINGH GILL) Mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No