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High Court of Punjab and HaryanaCRM-M/35463/2022dismissed

Surjit Kaur v. State Of Punjab

2022-09-27Mr. Justice Harnaresh Singh Gill2 pages

CRM-M-35463-2022(O&M) -1- 

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-35463-2022 (O&M) Date of decision: 27.09.2022 Surjit Kaur

...Petitioner

Versus

State of Punjab

...Respondent



    

    

 

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"#      Application is allowed as prayed for. Annexure P-3 is taken on record.

Main case:

Through the instant petition under Section 438 Cr.P.C., the petitioner seeks anticipatory bail in case FIR No. 102 dated 31.12.2021 registered under Sections 302, 341, 148, 149 IPC, at Police Station Bhindi Saidan, District Amritsar Rural.

Learned counsel for the petitioner submits that the occurrence took place on 13.12.2021 and the FIR was registered on 31.12.2021, thus, MANGAL SINGH 2022.09.28 20:44 I attest to the accuracy and authenticity of this order/judgment

CRM-M-35463-2022(O&M) -2-  there is a delay of 17 days in lodging of the FIR; that earlier, Baldev Singh (since deceased), father of the complainant, had entered the house of the petitioner; that the petitioner has falsely been implicated in the present case; that as per the FIR, the petitioner was empty handed and only lalkara has been attributed to her and that the deceased sustain injuries after falling from the motorcycle.

I have heard the learned counsel for the parties and have also gone through the documents on record.

Perusal of the record would show that the petitioner was a member of unlawful assembly and the lalkara raised by the petitioner instigated other accused to cause injuries on the person of Baldev Singh. As such the petitioner is equally liable for the commission of the offence. Considering the nature of the allegation contained in the FIR, the custodial interrogation of the petitioner is necessary to excavate the truth, which are serious in nature. Hence, the petitioner does not deserve the concession of anticipatory bail.

In view of the above, the present petition is dismissed.         

      !  27.09.2022            $%&  '%(   $!

&   '%( MANGAL SINGH 2022.09.28 20:44 I attest to the accuracy and authenticity of this order/judgment