Jagir Kaur And Another v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of decision : May 08, 2024 Jagir Kaur and another ....Petitioners

VERSUS

State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Ms. Meena, Advocate for Mr. Amit Arora, Advocate, for the petitioner Mr. Akshay Kumar, AAG, Punjab KULDEEP TIWARI,J. (ORAL) 1.

On 21.3.2024, this Court passed the following order:- "1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioners, who are women and aged respectively as 60 years and 38 years, seek the concession of anticipatory bail, in case FIR No.335 dated 12.08.2023, under Sections 323, 324, 452, 506, 148, 149 of the IPC, registered at P.S. Goindwal Sahib, District Tarn Taran.

2. Succinctly stated, the allegations against the petitioners, are that, they along with their coaccused caused injuries on the person of the

complainant and his wife Kajalpreet Kaur.

3. The learned counsel for the petitioners submits that, owing to arrest and subsequent grant of bail to the main accused, as also owing to no injury being attributed to the petitioners, they were earlier granted the concession of interim bail by the learned Additional Sessions Judge concerned, vide order dated 01.09.2023, and, they were directed to join the investigation within 7 days therefrom. However, as a result of some communication gap, neither the petitioners could join investigation, nor they could be represented by their counsel before the learned Additional Sessions Judge concerned on 15.09.2023, which resulted in the interim bail order (supra) becoming dismissed on 15.09.2023 itself.

4. The learned counsel for the petitioners submits that the petitioners do not have any intention to escape from the clutches of law, inasmuch as, their absence before the investigating officer was bona fide, and, even now they are ready and willing to join the investigation, in case an opportunity is afforded to them to do so.

5. Notice of motion for 25.04.2024.

6. Mr. Pardeep Bajaj, D.A.G., Punjab, accepts notice on behalf of respondent-State of Punjab.

7. In the meantime, the petitioners are directed to, within 15 days from today, join the investigation and to appear before the investigating agency. In the event of their arrest, they shall be admitted to

interim bail on their furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioners shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C."

2.

Today, the learned State counsel on instructions imparted to him by ASI Lakhwinder Singh, submits that the petitioners have already joined the investigation and they are fully co-operating with the investigation process and they are not required for any further custodial interrogation.

3.

In view of the specific stand taken by the learned State counsel, the present petition is allowed and order dated 21.3.2024 is, hereby, made absolute subject to the condition that the petitioners shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

( KULDEEP TIWARI ) May 08, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No