Amanjot Kaur @ Amandeep Kaur And ANR v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 03.07.2024 Amanjot Kaur alias Amandeep Kaur and another

...Petitioners

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Sumeetpal Singh Sidhu, Advocate for the petitioner. Mr. Anup Singh, AAG, Punjab.

*** SUMEET GOEL , J.

(Oral) 1.

This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR No. 044 dated 12.04.2024, registered for offences under Section 306 IPC, at Police Station Sadar Bathinda, District Bathinda.

2.

On 21.05.2024, the following order was passed:- "Apprehending their arrest in FIR No. 0044 dated 12.04.2024 registered for offences punishable under Section 306 IPC at Police Station Sadar Bathinda, District Bathinda; the petitioners have preferred this petition under Section 438 Cr.P.C. seeking pre-arrest bail.

Inter alia contends that the petitioner No. 1 is the wife and petitioner No. 2 is the brother of main accused namely Gagandeep Singh with whom marriage of deceased-Reena could not take place; from the factual matrix of the case the

offence under Section 306 IPC is not made out against the present petitioners & the petitioners are willing to join investigation and cooperate therein. In order to buttress his arguments, learned counsel for the petitioners has relied upon dicta of the judgments of the Hon'ble Supreme Court rendered in 'Mohit Singhal & Anr. Versus The State of Uttarakhand & Ors.' Criminal Appeal No. 3578 of 2023 and 'Naresh Kumar Versus State of Haryana 2024(2) R.C.R. (Criminal) 286. Notice of motion.

On asking of the Court, Mr. Adhiraj Singh, AAG, Punjab appears and accepts notice on behalf of the respondent-State. Adjourned to 03.07.2024.

The petitioners are directed to appear before the Investigating Officer on 24.05.2024 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioners shall be released on interim bail subject to their furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioners shall join the investigation. They shall abide by the condition(s) enumerated under Section 438(2) of the Cr.P.C." 3.

Learned State counsel, on instructions from ASI Malkit Singh has stated that pursuant to the order dated 21.05.2024, the petitioners have joined investigation and are no longer required for custodial interrogation. 4.

In view of above, the present petition stands allowed and the interim order dated 21.05.2024 passed by this Court is made absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C. 5.

This order should not be treated as "blanket" order. It will not be read granting petitioners indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.

6.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioners violate any condition stipulated under Section 438(2) Cr.P.C., 1973 or upon showing any other sufficient cause.

7.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 03.07.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No