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High Court of Punjab and HaryanaCRM-M/26355/2024allowed

Darshan Kaur v. State Of Punjab

2024-09-05Mr. Justice Sumeet Goel2 pages

CRM-M-26355 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 217/101 CRM-M-26355 of 2024 (O&M) DATE OF DECISION :- 05.09.2024 Darshan Kaur

...Petitioner

Versus

State of Punjab and another

...Respondent

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. R.S. Sidhu, Advocate for the petitioner.

Mr. Anup Singh, AAG, Punjab.

*** SUMEET GOEL , J.

(Oral) Office note indicates that service has been effeected upon respondent No. 2. No one has put appearance on behalf of such respondent. 1.

This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR No. 28 dated 03.03.2023, registered for offences under Sections 363,366-A,366,342,376 of the IPC, at Police Station Valtoha, District Tarn Taran.

2.

On 31.07.2024, the following order was passed:- "Inter alia contends that the petitioner is a lady aged about 76 years; there are no criminal antecedents of the petitioner, no culpability was found against the petitioner during police investigation and the petitioner is sought to be arraigned by way of invoking powers under Section 319 of Cr.P.C; husband of the petitioner has passed away on 25.06.2024 and his Bhog ceremony is slated for 04.07.2024; petitioner is willing to appear before the concerned Court and face trial in accordance with law.

Adjourned to 10.07.2024.

The petitioner is at liberty to appear before the trial Court on or before 10.07.2024 wherein she shall be admitted to interim bail to the satisfaction of the said Court."

PARVINDER SINGH 2024.09.05 17:21 I agree to specified portions of this document chandigarh

CRM-M-26355 of 2024 (O&M) Learned counsel for the petitioner has submitted that the petitioner has entered appearance before the concerned trial Court on 18.07.2024 whereinafter she has been released on interim bail. Office note indicates that notice issued to respondent No.2 has not been received back served or otherwise.

Let fresh process be issued qua respondent No.2 for 14.08.2024. Process dasti only.

Interim order to continue."

3.

Learned State counsel has submitted that the petitioner has duly entered appearance before the concerned Court on 18.07.2024 wherein she was released on interim bail. This factum is ratified by learned State counsel (on instructions from ASI Jaspal Singh).

4.

Keeping in view the entirety of facts and circumstances of the case, especially the factum of petitioner being a lady, aged about 76 years, the present petition stands allowed and the interim order dated 31.07.2024 passed by this Court is made absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C.

5.

Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE 05.09.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2024.09.05 17:21 I agree to specified portions of this document chandigarh