Jaswinder Kaur & ORS v. State Of Punjab

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-33289 of 2016 .....

Date of decision:27.9.2016 Jaswinder Kaur and others

...Petitioners

v.

State of Punjab

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. J.S. Bhandohal, Advocate for the petitioners. Ms. Shivali, Assistant Advocate General, Punjab for the respondent-State.

Mr. Rajbir Singh, Advocate for the complainant. .....

Inderjit Singh, J.

This petition has been filed under Section 438 Cr.P.C. for the grant of anticipatory bail in case FIR No.91 dated 14.6.2016 registered for the offences under Sections 307, 326, 325, 324, 323, 148, 149, 447, 511 and 506 IPC and Sections 25 and 27 of the Arms Act at Police Station Sadar Sangrur, District Sangrur.

Notice of motion has been issued in this case. Ms. Shivali, learned Assistant Advocate General, Punjab has put in appearance on behalf of the respondent-State and Mr. Rajbir Singh, learned Advocate has appeared for the complainant and contested this petition. Police record is also available.

I have heard learned counsel for the petitioners as well as learned Assistant Advocate General, Punjab appearing for the respondentHarpal Singh Parmar 2016.09.28 17:16 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-33289 of 2016 [2] State and learned counsel for the complainant and have gone through the record.

As per the prosecution version, Jaswinder Kaur only raised `Lalkara'. She was not armed with any weapon and no injury is attributed to her. Similarly, Harpreet Singh and Resham Singh were stated to be armed with fire arm weapons, but they have not fired any shot with the weapon nor any injury is attributed to them.

Learned State counsel has also not shown anything that any injury was caused by Resham Singh and Harpreet Singh. Keeping in view the facts and circumstances of the present case, I find that the petitioners are not required for custodial interrogation as no injury has been attributed to them.

Therefore, keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I accept this criminal miscellaneous petition and in the event of arrest, the petitioners shall be admitted to bail on their furnishing personal bonds and surety each to the satisfaction of the Arresting/Investigating Officer. The petitioners shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C.

September 27, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2016.09.28 17:16 I attest to the accuracy and authenticity of this document Chandigarh