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High Court of Punjab and HaryanaCRM-M/48509/2018allowed

Shakuntla Rani v. State Of Punjab

2018-12-10Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.48509 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.48509 of 2018 Decided on: 10.12.2018 Shakuntla Rani ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. G.S. Jagpal, Advocate for the petitioner.

Mr. Sidakmeet Singh Sandhu, AAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) The petitioner prays for grant of anticipatory bail in FIR No.34 dated 27.04.2018, registered under Section 420 read with Section 34 of the Indian Penal Code (in short 'IPC') at Police Station City-2 Mansa, District Mansa.

The operative part of the order dated 31.10.2018, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:- "....Learned counsel for the petitioner submits that while granting anticipatory bail to the co-accused namely Buta Singh, the following observations were made by this Court on 05.09.2018:

"Counsel for the petitioner has submitted that, as per the allegation in the FIR, the petitioner along with other accused persons have cheated the complainant on the pretext of solemnizing his marriage with co accused Manpreet Kaur and, in MOHD YAKUB 2018.12.10 17:07 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.48509 of 2018 fact, all the accused persons got conducted a fake marriage of the complainant with Manpreet Kaur. It is further submitted that there is no direct allegation against the petitioner. Counsel for the State, on instructions from ASI Dalel Singh, has submitted that the petitioner be directed to join the investigation.

List again on 26.10.2018."

Learned counsel for the petitioner submits that there are no specific allegations against the petitioner except that she being the maternal aunt of the girl was present at a Dera and had no knowledge about the allegations levelled in the FIR.

Notice of motion for 10.12.2018...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 31.10.2018, the petitioner has appeared before the Investigating Officer and has joined the investigation. Counsel for the State, on instructions from ASI Jaswinder Singh, has not disputed the factual position and submits that the petitioner is no more required for further investigation. In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 31.10.2018 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 10.12.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.12.10 17:07 I attest to the accuracy and authenticity of this document High Court, Chandigarh