High Court of Punjab and HaryanaCRM-M/35719/2021allowed

Simratbir Kaur And ANR v. State Of Punjab

2021-12-20Mr. Justice Arvind Singh Sangwan3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35719-2021 (O&M) Date of decision:20.12.2021 Simratbir Kaur and another .....Petitioners

Versus

State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN Present:- Mr. Shelnam Kamboj, Advocate for Mr. Dheeraj Mahajan, Advocate, for the petitioners.

Mr. Ramandeep Sandhu, Sr. DAG, Punjab.

**** ARVIND SINGH SANGWAN , J.

(ORAL) The petitioners pray for grant of anticipatory bail in FIR No.155 dated 19.08.2021, registered under Sections 452, 427 and 506 IPC at Police Station City Gurdaspur, District Gurdaspur.

The operative part of the order dated 01.09.2021, vide which interim anticipatory bail has been granted to the petitioners, is reproduced as under:- "Learned counsel for the petitioners has submitted that petitioner No.1 is a lady aged 58 years and petitioner

-2No.2 is aged 68 years. He has submitted that even as per the contents of the FIR, it is a case of no injury and it was merely alleged trespass. He has submitted that the present FIR is only a counter-blast to an earlier FIR lodged by the daughter of the petitioner vide Annexure P2. Notice of motion.

Mr.Randhir Singh Thind, DAG, Punjab, accepts notice on behalf of the State of Punjab and prays for some time to seek instructions.

List on 29.11.2021.

Meanwhile, the petitioners are directed to appear before the Arresting/Investigating Officer and join the investigation and thereafter also as and when called upon to do so. In the event of arrest, the petitioners shall be released on interim bail subject to furnishing personal bond/surety bond to the satisfaction of Arresting/Investigating Officer. The petitioners shall abide by all the conditions as provided under Section 438

(2) Cr.P.C."

Counsel for the petitioners has submitted that, in pursuance to the order dated 01.09.2021, the petitioners have appeared before the Investigating Officer and have joined the investigation. Counsel for the State, on instructions from ASI Jagjit Singh, has not disputed the aforesaid fact and submits that the petitioners are no more required for further investigation and even a cancellation report is submitted before the trial Court on 18.11.2021. In view of the above, this petition is allowed and the

-3interim bail granted to the petitioners vide order dated 01.09.2021 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.

(ARVIND SINGH SANGWAN) JUDGE 20.12.2021 geeta Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No