Gurmeet Kaur v. State Of Punjab

CRM No.M-43278 of 2014 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M- 43278 of 2014(O&M) Date of Decision: January 29, 2015.

Gurmeet Kaur ...... PETITIONER (s)

Versus

State of Punjab ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Harkeerat Singh, Advocate for the petitioner.

Mr. K.S.Sidhu, DAG, Punjab.

***** LISA GILL, J.

The petitioner prays for bail pending trial in FIR No.182 dated 28.06.2014, under Sections 363/366/120B IPC, registered at police station Gobindgarh Mandi, District Fatehgarh Sahib. The abovesaid FIR has been registered on the basis of statement of Mohammad Avid Khan. It is submitted that the petitioner is paternal aunt (Bua) of Harjinder Pal Singh. Harjinder Pal Singh and Fatima Khatoon i.e., daughter of the complainant solemnized marriage against the wishes of complainant and the present FIR was thereafter, recorded. Petitioner has nothing to do with the entire controversy. Petitioner's nephew and the complainant's daughter have contracted marriage out of their own free will and volition. They had also filed a OMKAR SINGH 2015.01.30 12:02 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-43278 of 2014 [2] complaint before the Punjab State Human Rights Commission, which was withdrawn on 23.09.2014 with liberty to approach the Commissioner of Police, Ludhiana for protection of their life and liberty (Annexure P2). Petitioner has been in custody since 28.06.2014. Report under Section 173 Cr.P.C. has been presented. No recovery is to be effected from the petitioner and there is no other case pending against her.

Learned counsel for the State, on instructions from ASI Kuldip Singh, confirms that the report under Section 173 Cr.P.C. has been presented and no recovery obviously has to be effected from the petitioner. Order dated 23.09.2014 (Annexure P2) stands verified.

There are no allegations on behalf of the State that petitioner is likely to abscond or that she is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Keeping in view the facts and circumstances of the case but without commenting or expressing any opinion on the merits of the case, it is considered just and expedient to allow this petition as no useful purpose would be served by further incarceration of the petitioner.

Accordingly, this petition filed by Gurmeet Kaur is allowed. The petitioner shall be released on bail pending trial subject to her furnishing requisite bail bonds and surety bonds to the satisfaction of the Trial Court. ( LISA GILL ) January 29, 2015.

JUDGE 'om'

OMKAR SINGH 2015.01.30 12:02 I attest to the accuracy and authenticity of this document Chandigarh