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High Court of Punjab and HaryanaCRM-M/7806/2015allowed

Gurvinder Kaur v. State Of Haryana

2015-05-21Mr. Justice Dr. Bharat Bhushan Parsoon2 pages

CRM-M 7806 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M 7806 of 2015 Date of decision : 21.05.2015 Gurvinder Kaur ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Parminder Singh-I, Advocate for the petitioner. Mr. Vikas Malik, DAG Haryana.

Mr. M.S. Sidhu, Advocate for the complainant. RAJAN GUPTA J.

This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioners vide FIR No. 7 dated 08.01.2015 under Sections 148, 149, 285, 341, 307, 427 IPC and section 25, 54, 59 of the Arms Act at Police Station Kalanwali, District Sirsa. Learned counsel for the petitioner submits that pursuant to order dated March 24, 2015, petitioner has joined investigation. Learned State counsel does not dispute this fact. It appears that incident occurred on 08.01.2015. Accused are alleged to have fired shots at the complainant side. According to them, they escaped being hit by any of the shots. Four accused have been arrested and two weapons have been recovered. Though name of petitioner also figures in the FIR, she is stated to be 28 years old household women. Since she has already joined investigation, this court is of the considered view that no AJAY KUMAR 2015.05.21 16:43 I attest to the accuracy and authenticity of this document

CRM-M 7806 of 2015 useful purpose would be served by subjecting her to custodial interrogation.

Under the circumstances, petition under section 438 Cr.P.C. is allowed and order dated March 24, 2015 is hereby made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

May 21, 2015 (RAJAN GUPTA) Ajay JUDGE AJAY KUMAR 2015.05.21 16:43 I attest to the accuracy and authenticity of this document