High Court of Punjab and HaryanaCRM-M/19228/2018allowed

Amarjit Kaur And ANR v. State Of Punjab

2018-08-20Mr. Justice Augustine George Masih2 pages

CRM-M-19228 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-19228 of 2018 Date of Decision: 20.08.2018 Amarjit Kaur and another ....Petitioners

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. L.M. Gulati, Advocate for the petitioners.

Mr. Sandeep Kumar, DAG, Punjab.

Mr. Davinder Lubana, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No.81 dated 22.03.2018 registered for the offences punishable under Sections 306/34 of Indian Penal Code, at Police Station City Tarn Taran, District Tarn Taran.

Heard.

Learned State counsel on instructions from ASI Gurmeet Singh submits that both the petitioners have joined the investigation and police after investigating the matter has given report declaring both the petitioners as innocent. Report of Superintendent of Police (D), Tarn Taran has been approved by Senior Superintendent of Police, Tarn Taran. Learned counsel appearing for the complainant submits that petitioners have given wrong dates of beating of wife of deceased-Manpreet JITENDER KUMAR 2018.08.20 16:53 I attest to the accuracy and integrity of this document Chandigarh Singh by him in para 7 of the petition as 05.08.2018 while deceased-

CRM-M-19228 of 2018 -2Manpreet Singh has already committed suicide in March, 2018. Learned counsel for petitioners submits that mentioning of date as "05.08.2018" is typographical mistake. This date has been wrongly mentioned in place of date "05.03.2017" and another date "06.08.2017" has been mentioned in place of "06.03.2017".

Keeping in view the fact that petitioners have been found innocent by the police, this petition is allowed and order dated 07.05.2018 is made absolute till the presentation of challan, subject to the following terms:- (i) that petitioners shall make themselves available for interrogation by the police as and when required; (ii) that petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that petitioners shall not leave India without the prior permission of the Court.

(iv) that petitioners will seek regular bail on the presentation of challan in Court.

August 20, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2018.08.20 16:53 I attest to the accuracy and integrity of this document Chandigarh