Paramjit Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision : 21.08.2024 PARAMJIT KAUR @ TANNU .... Petitioner

VERSUS

STATE OF PUNJAB .... Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. S.K. Liberhan, Advocate for the petitioner. Mr. P.S. Bhandari, AAG Punjab for the respondent. ALKA SARIN, J. (ORAL) 1.

The present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.56 dated 20.05.2023 under Sections 365, 367, 366-A, 364-A, 347, 120-B and Sections 376 and 506 (added later on) of the Indian Penal Code, 1860 registered at Police Station Sadar Patiala, District Patiala. 2.

Learned counsel for the petitioner would contend that statement of the victim has since been recorded wherein she has clearly stated that the petitioner herein had infact helped her mother to recover her and that the petitioner had also helped her mother in filing a writ petition before this Court. Learned counsel would further contend that there is no other incriminating material on the record against the petitioner. It is further the contention that the petitioner has been in custody for a period of 1 year and 20 days and that there is no other case registered and/or pending against the petitioner.

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Learned counsel for the State has filed the custody certificate and as per the custody certificate the petitioner has been in custody for a period of 1 year and 20 days. Learned counsel for the State is not in a position to deny the fact that the victim in her statement has not attributed any role to the petitioner herein and has infact stated that the petitioner had helped her mother to recover her and to file a writ petition before this Court. 4.

Heard.

5.

In the present case the petitioner has been in custody for a period of 1 year and 20 days. The victim in her statement has not attributed any role to the petitioner herein. Rather, she has stated that the petitioner had helped her mother to recover her and in filing a writ petition before this Court. There is no other case registered and/or pending against the petitioner. The trial is likely to take some time to conclude and no useful purpose would be served by keeping the petitioner behind the bars any further.

6.

In view of the above and without commenting upon the merits of the case, this Court deems it to be a fit case to grant the concession of regular bail to the petitioner. The petitioner is directed to be released on bail subject to her furnishing bail bonds and surety bonds to the satisfaction of the Trial Court/Additional Sessions Judge (Duty) concerned. 7.

However, the Prosecution will always be at liberty to apply for cancellation of bail in case the petitioner is found to be misusing the concession of bail in any manner.

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It is also made clear that any observation made herein shall not be treated as an expression of opinion on the merits of the case. 9.

Disposed off. Pending applications, if any, also stand disposed off.

21.08.2024 (ALKA SARIN) Aman Jain JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: Yes/No