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High Court of Punjab and HaryanaCRM-M/34195/2016allowed

Sarabjit Kaur And ORS v. State Of Punjab

2016-11-07Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-34195 of 2016 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-34195 of 2016 (O&M) Date of Decision: 07.11.2016 Sarabjit Kaur and others ......Petitioners

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. S.S.Gill, Advocate for the petitioners.

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

**** ANITA CHAUDHRY, J (ORAL) Through the instant petition, the petitioners are seeking anticipatory bail in case FIR No. 223 dated 30.8.2015, registered under Sections 363, 366-A, 376 IPC and Sections 302, 201, 120-B IPC (added later on), Police Station Patran, District Patiala. Counsel for the petitioners states that as directed on the last date, the petitioners had appeared before the Court below and they were admitted to interim bail.

State counsel submits that the allegations against the petitioners were not under Section 376 IPC and the allegations are under Section 302 IPC.

It appears that wrong fact was noted. The allegations against the petitioners were under Section 302 IPC. The daughter had accused her father and other relatives of murdering her sister. The police had filed Gurpreet Singh Bhatia 2016.11.09 10:36 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-34195 of 2016 (O&M) -2challan against four persons including the father. The petitioners were also named by the complainant. The body of the girl was not recovered. This is a case based on circumstantial evidence. The petitioners have already appeared before the Court below.

Looking to the circumstances, but without commenting on the merits of the case, the petition is allowed and order dated 7.10.2016 granting interim bail to the petitioners is made absolute subject to the conditions laid down in Section 438 Sub Section 2 Clauses (i)(ii) and (iii) of the Code of Criminal Procedure.

(ANITA CHAUDHRY) JUDGE November 07, 2016 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2016.11.09 10:36 I attest to the accuracy and authenticity of this document High Court Chandigarh