High Court of Punjab and HaryanaCRM-M/35304/2017disposed of

Balwinder Kaur And Orts. v. State Of Punjab

2018-02-12Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-35304-2017 Date of decision: 12.02.2018 Balwinder Kaur and others

...Petitioners

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. J.S. Dhaliwal, Advocate, for the petitioner.

Mr. A.S. Sandhu, Addl. A.G., Punjab.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in case FIR No. 47 dated 13.08.2017 under Sections 452/ 326/ 324/ 323/ 427/ 379-B/ 354-A/ 354-B/ 148/ 149 IPC, registered at Police Station Kalanaur, District Gurdaspur. This Court was pleased to pass the following order on 21.09.2017 :- "Heard.

Counsel for the petitioners contends that grievous injury has been attributed to Harwant Singh alias Sonu, who attacked the complainant with his Daatar on her forearm. It is submitted that the instant dispute arises about 3 marla plot, which is in the ownership and possession of petitioner No.2. In fact, a civil suit is already pending against the husband of the complainant in this regard, where he has sought permanent injunction. It is also contended that petitioners are reading to join the investigation.

Notice of motion for 12.02.2018.

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CRM-M-35304-2017 -2Meanwhile, the petitioners are directed to join the investigation within a period of one week and on their doing so, the petitioners be released on interim bail subject to their furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioners shall continue to join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.

At this stage, Mr. Ranjit Saini, Advocate puts in appearance on behalf of the complainant and files the power of attorney, which is taken on record."

Learned counsel for the petitioners submits that the petitioners have joined the investigation.

Learned counsel for the respondent-State confirms the factum of joining investigation by the petitioners.

Since the petitioners have joined the investigation, the petition is allowed and interim order dated 21.09.2017 is hereby made absolute subject to the condition that the petitioners will not tamper with evidence or hamper the investigation; will not leave India without permission of the Court and will comply with the conditions contained in Section 438(2) Cr.P.C.

12.02.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

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