Rashmi Bedi v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of decision : September 03, 2024 Rashmi Bedi ....Petitioner

VERSUS

State of Punjab and another ....Respondents

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Veneet Sharma, Advocate, for the petitioner Mr. Sahil R. Bakshi, AAG, Punjab Mr. Navkiran Singh, Advocate, for respondent no. 2 KULDEEP TIWARI,J. (ORAL) 1.

Through the instant petition filed under Section 439(2) Cr.P.C., prayer is made for cancellation of regular bail granted to respondent no. 2, vide order dated 17.1.2019, passed in CRM-M-410702018, in case FIR No. 216 dated 25.7.2017, under Sections 307, 326, 324, 427, 506, 148, 149 IPC, registered at Police Station E-Division, Amritsar City, District Amritsar.

2.

The Coordinate Bench of this Court while granting the relief of regular bail to the petitioner, imposed the following conditions:- "(i) The petitioner shall report to the SHO/Investigating Officer once in every week.

(ii) The petitioner shall not visit the place of residence or place of work of the complainant - Rashmi Bedi and

in case he is found extending any threat to her, it will be open for the Investigating Officer to apply for cancellation of bail.

(iii) The petitioner shall also furnish surety bond for Rs.1,00,000/- of his close relative/mother, to the effect that he/she will keep a watch on the activities of the petitioner and shall be responsible if he is found involved in misusing the concession of bail.

(iv) The Commissioner of Police, Amritsar, will ensure the protection of life and liberty of the complainant as already directed."

3.

The instant petition has been filed, on the ground that respondent no. 2, who is husband of the petitioner, having strained relations with her, is extending threat to the petitioner, and she is yet to depose by stepping into the witness box. Vide order dated 11.7.2024, this Court, passed the following order:- "1. Through the instant petition, as instituted under Section 439(2) read with Section 482 of the Cr.P.C., the petitioner/victim seeks cancellation of regular bail granted to the respondent No.2, vide order dated 17.01.2019 (Annexure P-5). This relief is claimed on the ground that the respondent No.2 has misused the concession of regular bail.

2. Notice of motion.

3. A perusal of the interim order(s), as became passed upon the instant petition, reveals that this matter was referred to the Mediation and Conciliation Centre to explore the possibility of amicable settlement, however,

no fruitful results could be yielded through mediation.

4. The learned State counsel has filed a short reply, on affidavit of Surinder Singh, PPS, Assistant Commissioner of Police, Central, Amritsar, which is taken on record.

5. The learned counsel for the respondent No.2 seeks an adjournment, thereby enabling him to file reply to the instant petition. He also submits that the petitioner is not coming forward to get her statement recorded before the learned trial Court concerned, which is consequently causing delay in conclusion of the trial.

6. During the course of hearing, it transpired that the respondent No.2 has already been arrested in a different FIR and now he is behind the bars. Therefore, on account of these supervening events, the apprehension expressed by the petitioner does not exist.

7. In view of the supervening events, the learned counsel for the petitioner submits that the petitioner would cause appearance before the learned trial Court concerned on the next date of hearing, i.e. On 15.07.2024, for her examination.

8. The matter is adjourned to 03.09.2024 for awaiting the progress of the trial.

9. In the meantime, reply, if any, be filed by the learned counsel for the respondent No.2, but, three days prior to the next date of hearing before this Court. It is clarified that, in case, no reply is filed by the learned counsel for the respondent No.2, this Court would decide the instant petition on its own merits, without further awaiting any reply.

10. A copy of this order be sent to the learned trial Court concerned for information and compliance." 4.

Today, learned counsel for respondent no. 2 submits, that the petitioner has now appeared before the learned trial court concerned, and even her cross-examination is complete. He further submits that since respondent no. 2 has been arrested in a different case, therefore, at present, there is no threat perception to the petitioner requiring this Court to recall the order granting the relief of regular bail. 5.

On the other hand, learned counsel for the petitioner, submits that the petitioner is still have apprehension to her life, and liberty, and further submits that she has already approached this Court by filing CRWP2612-2024, which is pending consideration before this Court. 6.

In view of the supervening events, at this stage, no further order is required to be passed. Therefore, the instant petition is closed. 7.

However, liberty is granted to the petitioner to make submissions, with regard to threat perception to her life and liberty, if any. ( KULDEEP TIWARI ) September 03, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No