Gurmeet Kaur @Ranjita And Others v. State Of Punjab And Another
CRM-M-27287-2019
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-27287-2019 Date of decision:-22.09.2022 Gurmeet Kaur @ Ranjita and others
...Petitioners
Versus
State of Punjab and another
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr.S.K. Arya, Advocate for the petitioners Mr. Harsimar Singh Sitta, DAG, Punjab.
Mr. Anil Kumar, Advocate for respondent No.2. **** ANOOP CHITKARA, J.
FIR No.
Dated Police Station Sections 07.05.2019 C Division, District 452/427/506/148/149 IPC Amritsar 1.
The petitioners apprehending arrest in the FIR captioned above had come up before this Court under Section 438 CrPC seeking anticipatory bail. 2.
Vide order dated 25.06.2019, the petitioners were granted interim protection, which is continuing till date.
3.
Ld. Counsel for the petitioners contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. 4.
Ld. counsel representing the State as well as learned counsel for complainant has no objection in case the petition is allowed. 5.
The petitioners shall be released on furnishing the bail/surety bonds to the satisfaction of concerned learned trial Court. 6.
In return, the Court believes that the accused shall also reciprocate through desirable behavior. It is clarified that in case the petitioners does not mend his ways and repeats the offence or indulge in criminal behaviour, then in all future matters, the concerned courts shall keep it as a factor that this court had afforded a final opportunity to the petitioners to reform and live a normal lifebut did not mend his ways.
SONIA ARORA 2022.09.24 10:21 I attest to the accuracy and integrity of this document
CRM-M-27287-2019 7.
The conditions mentioned above imposed by this court are to endeavour that the accused does not repeat the offence and to ensure the safety of the witnesses, victim, and their families. In Sushila Aggarwal, (2020) 5 SCC 1, Para 92, the Constitutional Bench held that unusually, subject to the evidence produced, the Courts can impose restrictive conditions. In Sumit Mehta v. State of N.C.T. of Delhi, (2013)15 SCC 570, Para 11, Supreme Court holds that while exercising power Under Section 438 of the Code, the Court is duty-bound to strike a balance between the individual's right to personal freedom and the right of investigation of the police. While exercising utmost restraint, the Court can impose conditions countenancing its object as permissible under the law to ensure an uninterrupted and unhampered investigation.In Mohammed Zubair v.
State of NCT of Delhi, Writ Petition (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon'ble Supreme Court holds that "The bail conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them. The courts while imposing bail conditions must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditions that would result in the deprivation of rights and liberties must be eschewed."
Petition allowed in aforesaid terms. Interim order is made absolute subject to strict compliance of all terms and conditions. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 22.09.2022 sonia arora Whether speaking/reasoned:
Yes Whether reportable:
No.
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