Swarna Rani @ Mamta Khurana And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision : 12.10.2023 SWARNA RANI @ MAMTA KHURANA & ORS.

.... Petitioners

VERSUS

STATE OF PUNJAB & ANR.

.... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Rahul Sharma, Advocate for the petitioners. Mr. Adhiraj Singh Thind, AAG Punjab-respondent No.1. ALKA SARIN, J. (ORAL) 1.

This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.0156 dated 27.06.2023 registered under Sections 498-A, 406, 341, 323, 506, 34 of the Indian Penal Code, 1860 at Police Station City Sunam, District Sangrur.

2.

On 17.07.2023 the following order was passed : "This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.0156 dated 27.06.2023 registered under Sections 498-A, 406, 341, 323, 506, 34

-2of the Indian Penal Code, 1860 at Police Station City Sunam, District Sangrur.

Learned counsel for the petitioners would contend that the petitioners in the present case are mother-inlaw and brothers-in-law of the complainant-respondent No.2. Learned counsel would further contend that there was an agreement between the parties and as per the agreement respondent No.2 and her husband decided to stay separately from the family and thereafter they also started residing separately.

Notice of motion.

On the asking of the Court, Mr. Adhiraj Singh, AAG Punjab accepts notice on behalf of the respondent No.1 - State.

Let notice be issued to respondent No.2, returnable 12.10.2023.

Meanwhile, the petitioners are directed to join investigation as and when called for. In the event of arrest, the petitioners shall be admitted to interim bail on furnishing personal bonds with adequate surety to the satisfaction of the Arresting Officer. The petitioners shall also abide by all the terms and conditions as specified in Section 438(2) of the Code of Criminal

-3Procedure, 1973."

3.

Learned counsel for the petitioners would contend that pursuant to the said order, the petitioners have joined investigation and have fully cooperated.

4.

Learned counsel for the State, on instructions from ASI Gursewak Singh, has stated that the petitioners have since joined investigation and have fully cooperated and that they are no longer required for further custodial interrogation as of now. 5.

In view of the above, the order dated 17.07.2023 is made absolute. The petitioners shall, however, join investigation as and when called. The petitioners shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. 6.

Disposed of accordingly. Pending applications, if any, also stand disposed of.

12.10.2023 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO