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High Court of Punjab and HaryanaCRM-M/14394/2021allowed

Jaswinder Kaur v. State Of Punjab

2022-05-19Mr. Justice Suvir Sehgal2 pages

CRM-M-14394-2021

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CRM-M-14394-2021 Date of decision: 19.05.2022 Jaswinder Kaur ... Petitioner Vs.

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Onkar Rai, Advocate for the petitioner.

Mr. Prabhjot Singh Walia, AAG, Punjab.

SUVIR SEHGAL J. (ORAL) While granting interim protection to the petitioner, this Court passed the following order on 06.10.2021:- " This is a petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR No.184, dated 01.12.2019, registered under Sections 498-A, 34 of IPC (Section 304-B IPC added later on) at Police Station Satnampura, District Kapurthala.

Counsel for the petitioner would contend that initially the FIR was got registered under Sections 498-A and 34 of IPC and Section 304-B IPC came to be added later on. It is submitted that in fact the deceased was pregnant and on account of complications, she gave birth to a still born child.

CRM-M-14394-2021 The petitioner is directed to join the investigation within a period of one week and on her doing so, the petitioner be released on interim bail subject to her furnishing personal/surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall continue to join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.

Adjourned to 14.03.2022 "

Upon instructions ASI Manjit Singh, State counsel submits that offence under Section 304-B of IPC has been deleted and nonbailable warrants have been issued for the arrest of co-accused, Satpal. Still further he submits that the petitioner has joined the investigation and she is no longer required for custodial interrogation. In view of the said facts, without commenting on the merits of the case, the present petition is allowed and the order dated 06.10.2021 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) 19.05.2022 JUDGE pooja saini Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No