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High Court of Punjab and HaryanaCRM-M/25921/2024allowed

Manjit Kaur v. State Of Punjab

2024-10-23Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-25921-2024 Date of decision: October 23rd, 2024 Manjit Kaur .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Naveen Kumar Kuhad, Advocate for the petitioner.

Mr. Navdeep Singh, Deputy Advocate General, Punjab. Mr. Harish Goyal, Advocate, for the complainant. MANJARI NEHRU KAUL, J. (ORAL) Petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.68 dated 08.05.2024 under Section 306 of the IPC, registered at Police Station Jhunir, District Mansa.

2.

While issuing notice of motion on 22.05.2024, following submissions of learned counsel for the petitioner were recorded:- "Learned counsel for the petitioner while drawing the attention of this Court to the allegations levelled in the FIR in question, which has been annexed as Annexure P-1, submits that a totally unbelievable version has been brought forth in the FIR in question; be that as it may, even if the allegations levelled in the FIR are accepted for the sake of arguments, the essential ingredients to attract the mischief of abetment under Section 107 IPC and abetment to suicide under Section 306 IPC are clearly amiss. Learned counsel further submits that merely because there had been some verbal altercations between the petitioner and the PUNEET SACHDEVA 2024.10.23 14:54 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-25921-2024 -2other family members of the deceased, it could not be said to be of such a compelling circumstance for the deceased to jump to his death in a canal."

3.

Thereafter, vide order dated 24.07.2024, the petitioner had been granted interim anticipatory bail with direction to join investigation.

4.

Learned counsel for the petitioner submits that in compliance of order dated 24.07.2024, the petitioner has joined investigation and cooperated with the investigating agency. 5.

Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. He, on further instructions, submits that the petitioner is not required for further investigation much less for her custodial interrogation.

6.

In view of the above, the petition is allowed and interim order dated 24.07.2024 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

October 23rd, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.10.23 14:54 I attest to the accuracy and integrity of this document Chandigarh