Sarabjit Kaur v. State Of Punjab

KAPIL 2015.11.30 15:27 I attest to the accuracy and integrity of this document CRM-M-32997-2015 [1] ***

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-32997-2015 Date of decision: 30.11.2015 Sarabjit Kaur

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MRS. JUSTICE SABINA Present: Ms. Jasleen Kaur, Advocate, for the petitioner.

Mr. R.P.S. Sidhu, AAG, Punjab.

Mr. D.K. Sihag, Advocate, for the complainant.

***** SABINA, J Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in FIR No.78 dated 16.08.2015, under Sections 342, 323 and 149 of the Indian Penal Code, 1860 ('IPC' for short) (Sections 451 and 354 IPC added lateron) and Section 3 of Scheduled Castes and Scheduled Tribes Act, 1989 registered at Police Station Ajitwal, Moga.

While issuing notice of motion following order was passed by this Court on 28.09.2015:- "Learned counsel for the petitioner has

KAPIL 2015.11.30 15:27 I attest to the accuracy and integrity of this document CRM-M-32997-2015 [2] *** submitted that the petitioner was the Sarpanch of the village. Complainant does not belong to the Scheduled Caste Community. In fact, another girl of another village was also present at the spot and the petitioner had no knowledge about her caste.

Notice of motion for 30.11.2015.

In the meantime, in the event of arrest, petitioner be admitted to interim bail subject to the satisfaction of the Arresting Officer. Petitioner shall abide by the conditions envisaged under Section 438(2) of the Code of Criminal Procedure, 1973." Learned State counsel who is assisted by Assistant Sub Inspector Gurdeep Singh has submitted that the petitioner has joined investigation and is not required for further investigation.

Accordingly, interim bail granted to the petitioner by this Court vide order dated 28.09.2015, is made absolute. Petition stands disposed of accordingly.

November 30, 2015 (SABINA) kapil JUDGE