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High Court of Punjab and HaryanaCRA-S/2146/2023allowed

Paramjit Kaur v. State Of Punjab And Another

2023-12-12Mrs. Justice Manjari Nehru Kaul2 pages

CRA-S-2146-2023 -12023:PHHC:159227 264 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-2146-2023 Decided on : 12.12.2023 Paramjit Kaur ...... Appellant

Versus

State of Punjab and another ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Vipin Mahajan, Advocate for the appellant.

Mr. Sandeep Kumar, DAG, Punjab.

Mr. J.S.Bains, Advocate for respondent No.2.

**** Manjari Nehru Kaul, J.

The present appeal has been filed impugning the order dated 22.06.2023 passed by learned Addl. Sessions Judge, Amritsar vide which her application for grant of anticipatory bail in case FIR No.101 dated 14.06.2023 registered under Sections 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989 at Police Station Gharinda, District Amristar Rural has been declined. Vide order dated 03.10.2023, appellant was granted the concession of interim bail in the following terms:- "Learned counsel for the appellant, inter alia, submits that the appellant had joined Government Senior Secondary School, Ghumanpura, on 22.07.2022. After taking charge, a lot of irregularities and misappropriation of funds by one Dilraj Singh in connivance with the complainant came to her notice, as a result of which, she complained against them to the Secretary, School Education, Punjab. In support, learned counsel has drawn the SONIA BURA 2023.12.13 11:30 I attest to the accuracy and integrity of this document

CRA-S-2146-2023 -22023:PHHC:159227 attention of this Court to Annexure A-2. Thereafter, pursuant to the complaint made by the appellant, both Dilraj Singh as well as the complainant were placed under suspension by Director, Education Department, Punjab. In support, learned counsel has drawn the attention of this Court to Annexures A-3 and A-4. He submits that it was in the above background, with an ulterior motive, feeling offended, a false and fabricated case had been planted upon the appellant, wherein it had been alleged she had indulged in castiest utterances against the complainant. Learned counsel has further submitted that the appellant is ready to join investigation and cooperate with the investigating agency."

Learned counsel for the appellant states that pursuant to order dated 03.10.2023, passed by this Court, the appellant has joined the investigation. This fact is not disputed by the counsel for the State as well. Learned State counsel on instructions of ASI Sarwan Singh states that the appellant is no longer required for further interrogation. In view of the above, the appeal is allowed and interim order dated 03.10.2023, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

(MANJARI NEHRU KAUL) JUDGE 12.12.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.12.13 11:30 I attest to the accuracy and integrity of this document