High Court of Punjab and HaryanaCRM-M/12049/2020allowed

Mandeep Kaur Alias Manjeet Kaur And Another v. State Of Punjab

2020-05-08Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.12049 of 2020 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.12049 of 2020 (O&M) Decided on: 08.05.2020 Mandeep Kaur @ Manjeet Kaur and another ....Petitioners

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Siddharth Gupta, Advocate for the petitioners (through video conferencing) Mr. H.S. Grewal, Addl. A.G., Punjab (through video conferencing) ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioners under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.0030 dated 24.03.2020, for offence punishable under Sections 452, 334, 332, 506, 323, 34 of the Indian Penal Code, 1860 (in short 'IPC') registered at Police Station Nandgarh, District Bathinda.

Counsel for the petitioners has argued that as per the allegations in the FIR, the co-accused of the petitioners namely Binder Singh has caused the injury on the head of the complainant and he already stands arrested, however, he has been granted the concession of the regular bail by the trial Court. It is further submitted that both the petitioners are attributed injuries on the non-vital part of the complainant and it will be a debatable issue to be decided during the MOHD YAKUB 2020.05.08 14:20 I attest to the accuracy and integrity of this document High Court, Chandigarh

CRM-M No.12049 of 2020 (O&M) course of trial, whether Sections 332 and 334 IPC are made out or not. Counsel for the State has not disputed the factual position but opposed the prayer for bail.

Without commenting anything on merits of the case, considering the fact that the co-accused of the petitioners has already been released on regular bail by the trial Court; the custodial interrogation of the petitioners is not required and the conclusion of the trial will take long time, this petition is allowed and the petitioners are directed to be released on bail subject to their furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioners, in case they are found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) 08.05.2020 JUDGE yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2020.05.08 14:20 I attest to the accuracy and integrity of this document High Court, Chandigarh