Satya Wati v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (124) Date of Decision: 04.7.2025 Satya Wati ......Petitioner

Versus

State of Punjab and another .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Simranjit Singh, Advocate for the petitioner.

**** KIRTI SINGH , J. (ORAL) 1.

The instant petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of the order dated 22.5.2025 (Annexure P-1) passed by the leaned Additional Sessions Judge, Jalandhar, whereby the application filed by the petitioner for furnishing the bail/surety bonds in a complaint bearing No. COMI/11/2023 under Sections 406, 498-A, 323, 34 IPC, was dismissed.

2.

Learned counsel for the petitioner inter alia submits that the complainant filed a complaint under Sections 406, 498-A, 323, 34 IPC against the petitioner and others (Annexure P-2). The petitioner is a 67 years old lady, who is the mother-in-law of the complainant. It is further contended that the first bail application filed by the petitioner was decided on 27.11.2024 and she was directed to surrender on or before the next date of hearing. However, the petitioner failed to comply with the said order. Subsequently, the petitioner filed second application for anticipatory bail, which was again allowed on 23.4.2025 and she was again directed to surrender within a period of 10 days. It has also been contended by the learned counsel for the petitioner that on the

-2very next day i.e. 24.4.2025, the petitioner applied for the certified copy of the above order, which was supplied to the counsel for the petitioner only on 09.5.2025. During the period intervening from 24.4.2025 to 19.5.2025, the counsel for the petitioner had many times visited the office concerned for getting the certified copy. However, every time she was told that the same was not prepared. It is further contended that as soon as the petitioner received the certified copy of the above order, she immediately filed the application for furnishing the bail/surety bonds on 21.5.2025. However, the learned Court concerned without considering the helplessness of the petitioner, passed the impugned order (Annexure P-1). It is further submitted that the petitioner is ready and willing to comply with any directions imposed by this Court. Notice of motion to the State-respondent No. 1 only at this stage. Mr. Tarun Aggarwal, Addl. A.G., Punjab waives service of notice on behalf of the respondent-State.

Heard the submissions made by the learned counsel for the petitioner.

The petitioner is the 67 years old mother-in-law of the complainant. The learned Additional Sessions Judge, Jalandhar on the grounds of conduct of the petitioner and her inability to advance a cogent explanation as to why the certified copy was not sought in the urgent category, dismissed the application of the petitioner seeking permission to furnish bail bonds. Given the advanced age of the petitioner and also in view of the fact that her bail application was allowed twice, this Court deems it appropriate to give one last opportunity to the petitioner to surrender and comply with the conditions of the bail granted to her.

Accordingly, the impugned order dated 22.5.2025 (Annexure P-1) passed by the learned Additional Sessions Judge, Jalandhar is set aside and the petitioner is directed to surrender before the Court of the learned Additional

-3Sessions Judge, Jalandhar within a period of 10 days from today. The petition stands disposed of.

(KIRTI SINGH) JUDGE July 04, 2025 Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No