Lakhwinder Kaur @ Lakho v. State Of Punjab

CRM-M-18419 of 2021 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-18419 of 2021 Date of decision:20.08.2021 Lakhwinder Kaur @ Lakho ... Petitioner Vs.

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Viranjeet Singh Mahal, Advocate for the petitioner.

Mr. Sandeep Singh Deol, DAG, Punjab.

SUVIR SEHGAL, J. (Oral) The Court has been convened through video conferencing due to Covid-19 pandemic.

Through the instant petition, the petitioner seeks anticipatory bail in case FIR No.251 dated 17.10.2020 registered under Sections 323, 452, 427, 148 and 149 of Indian Penal Code, 1860 at Police Station Sadar Jalandhar, District Jalandhar (Annexure P-1). While granting interim bail to the petitioner, this Court passed the following order on 07.05.2021:- "Inter alia contends that the dispute is inter se the family members and the complainant is none else but the sister-in-law of the petitioner and there is cross-version also and the petitioner has also received simple injuries. It is submitted that son of the petitioner namely Arshdeep was released on regular bail after detention of 20 days (Annexure P-4) and thus there is SAVITA KADIAN 2021.08.20 16:33 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-18419 of 2021 {2} no requirement as such for custodial interrogation of the petitioner, she being a lady. It is submitted that it is wrongly recorded by the Additional Sessions Judge that the offence under Section 452 IPC is bailable.

Notice of motion for 20.08.2021.

Mr. M.S. Nagra, AAG, Punjab accepts notice on behalf of the State.

In the meantime, it is directed that the petitioner shall join investigation and in the event of arrest of the petitioner, she shall be released on ad-interim bail subject to the satisfaction of the investigation officer. The petitioner shall join investigation as and when required and shall comply with the conditions laid down in Section 438(2) Cr.P.C." Learned State counsel, on instructions from ASI Surinder Pal submits that the petitioner has joined investigation and is no longer required for custodial interrogation. He has further instructions to state that the petitioner is not involved in any other criminal case. In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 07.05.2021 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) JUDGE August 20, 2021 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2021.08.20 16:33 I attest to the accuracy and integrity of this document High Court Chandigarh