High Court of Punjab and HaryanaCRM-M/15465/2019allowed

Jasbir Kaur v. State Of Punjab

2019-08-20Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-15465-2019 (O&M) Date of Decision:-20.8.2019 Jasbir Kaur ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kamal Narula, Advocate for the petitioner. Ms. Rashmi Attri, Assistant Advocate General, Punjab, assisted by ASI Rasal Singh.

***** GURVINDER SINGH GILL, J.(Oral) The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.4 dated 12.1.2019 at Police Station Harike, District Tarn Taran under Sections 363, 366-A and 120-B of Indian Penal Code and Sections 3 and 4 of POCSO Act, 2012.

The FIR was lodged at the instance of Palwinder Singh, wherein it has been alleged that his sister had been abducted by Jagjit Singh @ Jagu in connivance with Major Singh and his wife Sukho. The learned counsel of for the petitioner has submitted that a false FIR has been registered against the petitioner and that infact it is a case where the petitioner's son Jagjit Singh @ Jagu had married Seema against Pankaj Kakkar 2019.08.21 17:18 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-15465-2019 (O&M) the wishes of her parents and brother. The learned counsel has submitted that infact Jagjit Singh @ Jagu and Seema after contracting marriage had approached the Court of Sessions Judge, Ferozepur seeking protection wherein statement of the aforesaid Seema was recorded by the learned Sessions Judge and who stated therein that she had married Jagjit Singh @ Jagu out of her free will and that she was aged 18 years. In view of the aforestated position, this Court is of the opinion that the present case is not such which would warrant custodial interrogation. The petition, as such, is accepted and the interim directions issued by this Court vide order dated 4.4.

2019 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. The present petition stands accepted accordingly. 20.8.2019 (Gurvinder Singh Gill) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2019.08.