High Court of Punjab and HaryanaCRM-M/4627/2017disposed of

Pammi @ Paramjit Kaur v. State Of Punjab

2017-07-17Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-4627-2017 Date of decision: 17.07.2017 Pammi @ Paramjit Kaur

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr.Naveen Batra, Advocate, for the petitioner.

Ms. Bhavna Gupta, DAG, Punjab.

**** JAISHREE THAKUR, J. (ORAL) This is a petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioner in a case FIR No. 49 dated 19.03.2016 under Sections 363/366-A/376/120-B IPC and Section 4/8/10 of POCSO Act, 2012 registered at Police Station Phillaur, District Jalandhar.

This Court was pleased to pass the following order on 28.03.2017 :- "As per the allegations in FIR, on 17.03.2016 one Varinder Pal Singh had committed wrong acts with the prosecutrix. The petitioner has been declined anticipatory bail on the ground that as per the prosecutrix, apart from Varinder Pal Singh, other persons also come from Ludhiana and committed rape with her in the house of the petitioner. Learned State counsel does not have any instructions to those other friends of Varinder Pal Singh.

Adjourned to 17.07.2017.

In the meantime, the petitioner is directed to join Satyawan 2017.07.18 12:15 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-4627-2017 -2investigation and appear before the investigating officer. In the event of arrest, the petitioner be released on interim bail subject to the satisfaction of the arresting/investigating officer. However, the petitioner shall join investigation as and when called upon to do so and shall remain bound by the following conditions enumerated under Section 438(2) Cr.P.C.

1. Petitioner shall make herself available for interrogation by a police officer as and when required;

2. Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer;

3. Petitioner shall not leave India without the previous permission of the Court;

4. Such other condition as may be imposed under subsection (3) of section 437, as if the bail were granted under that section."

Learned State counsel on instructions submits that pursuant to the interim order dated 28.03.2017, the petitioner has joined the investigation.

Since the petitioner has joined the investigation, the petition is allowed and interim order dated 28.03.2017 is hereby made absolute subject to the condition that the petitioner will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation and will not leave India without permission of the Court and will comply with the conditions contained in Section 438(2) Cr.P.C. 17.07.2017 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2017.07.18 12:15 I attest to the accuracy and authenticity of this document High Court Chandigarh