High Court of Punjab and HaryanaCRM-M/42560/2016allowed

Nirmal Kaur v. State Of Punjab

2016-12-05Mrs. Justice Raj Rahul Garg2 pages

CRM-M-42560-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42560-2016 (O&M) Date of Decision:- 05.12.2016 Nirmal Kaur ....Petitioner

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Ramneek Vasudeva, Advocate, for the petitioner.

Ms. Manpreet Dhaliwal, AAG, Punjab.

**** RITU BAHRI, J. (Oral) Present petition is for release of petitioner on regular bail in FIR No.94 dated 06.07.2016, under Sections 363, 366-A, 380, 457, 120-B IPC (now challan under Sections 363, 366, 376-D and 120-B IPC and Section 6 of POCSO Act), registered at Police Station Amloh, District Fatehgarh Sahib.

Learned counsel for the petitioner submits that petitioner is mother of accused Gurvinder Singh against whom the allegation of kidnapping of daughter of complainant, namely, Akveer Kaur, has been levelled. Moreover, the marriage between her son and daughter of complainant has already been solemnized and they have been granted protection from the family members of the complainant, vide order dated Naresh Kumar 2016.12.08 15:38 I attest to the accuracy and integrity of this document Chandigarh 08.07.2016 (Annexure P-2), by the Court of learned Sessions Judge,

CRM-M-42560-2016 (O&M) -2Ludhiana. Further, statement of daughter of the complainant dated 14.08.2016 (Annexure P-3), recorded under Section 161 Cr.P.C., does not attribute any role to the present petitioner. I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. The petitioner was arrested on 07.07.2016. Since then, she is in judicial custody and no useful purpose would be served to further detain her in jail. The final conclusion of trial will take a long time. In view of above facts, the present petition is allowed. The petitioner is ordered to be released on regular bail on her furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Judge/Duty Magistrate, Fatehgarh Sahib.

Needless to mention that, nothing observed here-in-above, would reflect, on merits in the trial of the main case, in any manner. December 05, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.12.08 15:38 I attest to the accuracy and integrity of this document Chandigarh