High Court of Punjab and HaryanaCRM-M/36245/2017disposed of

Surjit Kaur v. State Of Punjab

2018-02-14Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-36245-2017 Date of decision: 14.02.2018 Surjit Kaur

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Prashant Thakur, Advocate, for Mr. Vivek K. Thakur, 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 petitioner in case FIR No. 58 dated 11.02.2013 under Sections 304-B IPC, registered at Police Station Sadar, Diustrict Jalandhar.

This Court was pleased to pass the following order on 28.09.2017 :- "This is a petition filed under Section 438 Cr.P.C. by the petitioner for grant of anticipatory bail in case FIR No. 58 dated 11.02.2013, under Section 304-B, registered at Police Station Sadar, District Jalandhar. Learned counsel for the petitioner contends that the petitioner herein is 75 years old bed ridden lady and has not specifically been named in the suicide note apart from a general allegation that the deceased was being harassed. In fact, challan was put up only against the husband of the deceased i.e. her son and the father-inSatyawan 2018.02.14 16:20 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-36245-2017 -2law who stand convicted by the judgment dated 5.12.2013, however, their sentences have been suspended by this Court in an appeal that has been filed by order dated 25.7.2014 and 18.09.2014. Proceedings are carrying on against another son and daughter-inlaw of the petitioner and she is ready to join the said proceedings.

Notice of motion for 14.02.2018.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to her furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall 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."

Learned counsel for the petitioner submits that the petitioner has joined the investigation.

Learned counsel for the respondent-State, on instructions from HC Ram Lubhya, confirms the factum of joining investigation by the petitioner.

Since the petitioner has joined the investigation, the petition is allowed and interim order dated 28.09.2017 is hereby made absolute subject to the condition that the petitioner 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. 14.02.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.02.14 16:20 I attest to the accuracy and authenticity of this document High Court Chandigarh