Karnail Kaur v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-28.3.2022 Karnail Kaur ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Janak Singh Bhinder, Advocate for the petitioner. Mr. Rehat Bir Singh Mann, DAG, Punjab, assisted by ASI Harbans Singh.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner seeks grant of anticipatory bail in respect of a case registered vide FIR No. 81 dated 14.8.2021, Police Station Chhajli, District Sangrur, under Sections 323, 324, 34 IPC (Section 326 IPC added later on). 2.

At the time of issuance of notice of motion, the following order was passed on 11.11.2021:

"The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against her vide FIR No. 81, dated 14.8.2021, Police Station Chhajli, District

( 2 ) Sangrur, under Sections 323, 324, 34 IPC (Section 326 IPC added later on).

Learned counsel for the petitioner submits that as per the FIR the petitioner who is a lady has been attributed a blow with a stick below right eye of the complainant whereas her husband is alleged to have inflicted two blows with 'gandasi' hitting his eye, nose and head. It has been submitted that the petitioner has apparently been implicated falsely as she is wife of the main accused in order to pressurize the entire family. It has further been submitted that in any case it is the co-accused to whom the 'grievous injury' is attributed.

Notice of motion for 22.3.2022.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to her furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C "

3.

Learned State counsel, upon instructions from ASI Harbans Singh, has informed that pursuant to interim directions the petitioner has joined investigation and is not required for any custodial interrogation. It has also been informed that the petitioner is not involved in any other case. 4.

I have considered rival submissions addressed before this Court. 5.

Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 11.11.2021 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so

( 3 ) and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C. 28.3.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No