Manjo @ Sanjo Devi @ Manju Devi And Another v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-4.11.2024 Manjo @ Sanjo Devi @ Manju Devi and another ... Petitioners

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kanwaljeet Singh, Advocate for the petitioners. Mr. Japjot Singh, AAG, Punjab.

***** FIR No.

Dated Police Station Section/s 17.4.2024 Tibba, District Police Commissionerate Ludhiana 353, 186, 332, 323, 341, 379-B(2), 148, 149 of Indian Penal Code GURVINDER SINGH GILL, J. (Oral) 1.

Today, at the very outset, learned counsel for the petitioners submitted that he may be permitted to withdraw the present petition qua petitioner No.2 - Heera Lal Shah.

2.

In view of the aforesaid request, the instant petition is hereby dismissed as withdrawn qua petitioner No.2 - Heera Lal Shah at this stage. 3.

Petitioner - Manjo @ Sanjo Devi @ Manju Devi seeks grant of regular bail in respect of the aforementioned FIR.

4.

The FIR was lodged at the instance of Sanjeev Kumar, Senior Constable, Anti-Narcotic Cell-1, Ludhiana, wherein it is alleged that on 17.4.2024, when

( 2 ) he alongwith other police officials was present near Central Jail, Ludhiana for the purpose of collecting information and for surveillance, then he received information in respect of certain bad elements to be present behind garbage dump. When the complainant reached at the nominated place, he found Sonu Kumar, his father Hira Lal, his mother Sanjo Devi, Om Parkash @ Om, Ajay @ Raja, Vikash Kumar @ Vikas and 3-4 unknown persons were already present there at the side of the road and all of them confronted the complainant as to why he had stepped into their neighbourhood. It is further alleged that despite the fact that the complainant told them that he was on duty, the said persons attacked them and inflicted injuries to the complainant. 5.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and that, as a matter of fact, the police party had visited the locality to demand bribe from co-accused Om Parkash, who stands involved in a case registered for offence under NDPS Act and upon refusal of Om Parkash to give any bribe, the police party had falsely implicated the entire family. It has further been submitted that the petitioner otherwise has a clean record and is not involved in any other case and has been behind bars since the last about 6 months. 6.

Opposing the petitions, learned State counsel submitted that since the name of the petitioner specifically figures in the FIR, her complicity is clearly evident. It has, however, been informed that the petitioner as on date has been behind bars since the last about 6 months and 13 days and otherwise is not involved in any other case. It has also been informed that although challan has been filed, but charges are yet to be framed. 7.

This Court has considered rival submissions addressed before this Court.

( 3 ) 8.

Without commenting anything as regards the veracity of allegations levelled against the petitioner, but having regard to the fact that the petitioner is a lady having a clean record and trial has not even commenced till date, further detention of the petitioner will not serve any useful purpose as the conclusion of trial is likely to take time.

9.

The instant petition, as such, is accepted and petitioner - Manjo @ Sanjo Devi @ Manju Devi is ordered to be released on bail subject to her furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

4.11.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No