High Court of Punjab and HaryanaCRM-M/16448/2024allowed

Sumitra Devi And Another v. State Of Punjab

2024-07-10Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-16448-2024 (O&M) Date of decision: July 10th, 2024 Sumitra Devi and another .....Petitioners

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Shiv Kumar Sharma, Advocate for the petitioners.

Mr. Amit Rana, Senior Deputy Advocate General, Punjab. Mr. Himmat Deol, Advocate for the complainant.

MANJARI NEHRU KAUL, J. (ORAL) Petitioners are seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.280 dated 13.10.2022 under Sections 306/511 (Section 511 deleted later on) of the IPC registered at Police Station City-1, Abohar, District Fazilka. 2.

Vide order dated 29.05.2024, the petitioner No.2 had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned Senior counsel for the petitioners has submitted that the main accused who is wife of the deceased was arrested and has been granted the concession of regular bail and in fact, petitioner No.1 has also granted the concession of anticipatory bail by this Court on 04.04.2024 and now petitioner No.2, who is father-in-law of the deceased has been charged and is now facing trial."

PUNEET SACHDEVA 2024.07.10 17:02 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-16448-2024 (O&M) -23.

Learned counsel for the petitioners submits that in compliance of the above order, petitioner No.2 has joined investigation and cooperated with the investigating agency. 4.

Learned State counsel, on instructions from ASI Mohan Lal, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He on further instructions submits that petitioner No.2 is not required for further investigation much less for his custodial interrogation. 5.

In view of the above, the petition is allowed and interim order dated 29.05.2024, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

July 10th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.07.10 17:02 I attest to the accuracy and integrity of this document Chandigarh