Sukhjit Kaur And Others v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-22947-2021 (O&M).

Decided on: March 25, 2022.

Sukhjit Kaur and others .. Petitioners

VERSUS

State of Punjab and another .. Respondents * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.S.S.Bhinder, Advocate, for the petitioners.

Mr.Randhir Singh Thind, DAG, Punjab.

Mr.Manish Kumar Singla, Advocate, for the complainant - respondent No.2.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Section 438 of the Code of Criminal Procedure, for the grant of anticipatory bail in FIR No.55 dated 27.5.2021, under Sections 406 and 420 IPC, registered at Police Station City Sadar Raikot, District Ludhiana (Rural). Learned counsel for the petitioner has submitted that in

pursuance of the order passed by this court on 11.6.2021, the petitioners have joined the investigation and have fully cooperated in the investigation process and in view of the undertaking given to this Court on 11.6.2021, the petitioners have also furnished two FDRs of an amount of Rs.5 lacs each which have been deposited with the investigating officer. However, thereafter, although the date of the FDRs have now expired but the petitioners undertake to get the FDRs renewed. He submitted that the otherwise it was a case where as a result of matrimonial dispute pertaining to financial discord the present FIR was lodged and it was also a dispute pertaining to civil liability. He further submitted that the order vide which interim protection was granted to the petitioners may be confirmed.

On the other hand, learned State counsel, on instructions from ASI Balwinder Singh, has submitted that it is correct that in pursuance of the order passed by this court on 11.6.2021, the petitioners have already joined investigation and have fully cooperated in the investigation process. However, he has submitted that as per instructions the FDRs have expired and the same have not been renewed.

Learned counsel for complainant-respondent No.2 has has argued with vehemence and has stated that the petitioners do not deserve the concession of anticipatory bail.

I have heard the learned counsel for the parties. In pursuance of the order passed by this court on 11.6.2021, the petitioners have already joined investigation and have fully

cooperated in the investigation process. So far as the objection raised by the learned State counsel that FDRs have not been renewed, it has been undertaken by the learned counsel for the petitioners, on instructions from the petitioners that in case the FDRs have expired then the same shall be renewed with immediate effect.

In view of aforesaid factual position, this Court deems it fit and proper to allow the present petition. Consequently the present petition is allowed. Interim order dated 11.6.2021 is hereby made absolute. However, anything observed hereinabove shall not be treated as an expression of opinion on merits of the case and is meant only for the purpose of decision of present petition. March 25, 2022 (JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No