Balwant Kaur v. State Of Punjab And Another

CRM-M-16971 of 2023 2024:PHHC:003962

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-16971 of 2023 DATE OF DECISION :- 12.01.2024 Balwant Kaur

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Tarunveer Vashist, Advocate with Mr. Brijeshwar Vashist, Advocate for the petitioner. Mr. Adhiraj Singh, AAG, Punjab.

Mr. Kirandeep Kaur, Advocate for Mr. Fariad Singh Virk, Advocate for the complainant. *** SUMEET GOEL , J.

(Oral) 1.

On 06.04.2023, the following order was passed:- "Contends inter alia that petitioner is ready to settle the matter on some amicable terms with complainant side and moreover, the co-accused, namely, Gurwinder Singh (son of petitioner), has already been granted the concession of interim bail vide order dated 22.09.2022 passed in CRM-M-43866-2022.

Notice of motion.

Mr. Siddharth Attri, AAG, Punjab, accepts notice on behalf of the respondent No.1-State, whereas, Mr. Arvind Rajotia, Advocate, causes representation for respondent No.2; and both seek time to have instructions in the matter.

Posted for 25.07.2023.

To be heard with CRM-M-43866-2022.

In the meanwhile, petitioner will join investigation before the Investigating Officer. In the event of her arrest, the Arresting Officer would admit her to interim bail, till the next date of hearing, on furnishing adequate bail and surety bonds to his satisfaction. The PARVINDER SINGH 2024.01.12 16:25 I attest to the accuracy and integrity of this document chandigarh

CRM-M-16971 of 2023 2024:PHHC:003962 petitioner is also directed to abide by all the conditions as envisaged under Section 438(2) of Code of Criminal Procedure, 1973. 2.

Learned State counsel on instructions from ASI Lakhwinder Singh has stated that pursuant to the order dated 06.04.2023, the petitioner has joined investigation and is no longer required for custodial interrogation. 3.

In view of above, the interim order dated 06.04.2023 passed by this Court is made absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C.

4.

This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 5.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 438(2) Cr.P.C., 1973 or upon showing any other sufficient cause.

6.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 12.01.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2024.01.12 16:25 I attest to the accuracy and integrity of this document chandigarh