High Court of Punjab and HaryanaCRM-M/24375/2020allowed

Amandeep Kaur v. State Of Punjab

2020-09-11Ms. Justice Jaishree Thakur2 pages

CRM-M No.24375 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.24375 of 2020 (O&M) Date of Decision.11.09.2020 (Heard through VC) Amandeep Kaur

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Sandeep Verma, Advocate for the petitioner.

Mr. Gaurav Dhuriwala, Sr. DAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail in case FIR No.102 dated 19.07.2016 under Sections 302, 328, 34 IPC (thereafter charges framed under Section 306, 302 IPC) registered at Police Station Zira, District Ferozepur to the petitioner, who is in custody since 26.03.2020 in the aforesaid FIR.

Counsel for the petitioner herein would contend that the petitioner had in fact been allowed regular bail by the Sessions Judge, Ferozepur on 28.10.2016. However, on account of the fact that she failed to put in appearance on subsequent dates of hearing, she was declared as proclaimed offender and re-arrested on 26.03.2019. It is further contended that most of the material witnesses have been examined and the trial is not proceeding due to COVID-19 pandemic, while further submitting that she is in custody along with a minor child and therefore, prays for grant of regular bail.

PANKAJ KUMAR 2020.09.11 14:41 I attest to the accuracy and integrity of this document

CRM-M No.24375 of 2020 (O&M) -2Learned counsel appearing for the respondent-State opposes the grant of bail by contending that the petitioner herein had jumped bail at one point of time, while further contending that the trial is likely to be over soon.

I have heard learned counsel for the parties. Be that as it may, keeping in view the fact that most of the material witnesses have been examined and the petitioner is in custody with a minor child coupled with the fact that the trial is likely to take some time to conclude as owing to novel corona virus pandemic, Courts are not working at their full strength and ordinary hearing matters are not being taken up, no useful purpose would be served by keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond of heavy amount to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE September 11, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.09.11 14:41 I attest to the accuracy and integrity of this document