Sunita Rani v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-44128-2020 (O&M) Date of Decision:-31.3.2021 Sunita Rani ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Puneet Kumar Bansal, Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab, assisted by SI Rachhpal Singh.

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

The petitioner has approached this Court seeking grant of ancitipatory bail in respect of a case registered vide FIR No.0038 dated 4.3.2020 at Police Station GRP Ludhiana, District Ludhiana under Sections 306 and 34 of Indian Penal Code.

2.

At the time of issuance of notice of motion the following order was passed on 28.12.2020:

"The complainant's brother is alleged to have committed suicide by jumping in front of a running train. It is alleged that the complainant's brother was married to Sakshi on 26.6.2019 but he used to be harassed by her as she insisted for a separate residence. It is alleged that Sakshi's mother i.e. the petitioner (Sunita Rani), Sakshi's aunt namely Asha and one Dheeraj had issued threats to the deceased in October, 2019. It is alleged that on 3.3.2020 the complainant came to know that the deceased Manpreet was got beaten by the accused and that he being fed-up had committed suicide.

PANKAJ KAKKAR 2021.03.31 17:33 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-44128-2020 (O&M) Learned counsel for the petitioner has submitted that the petitioner who is mother-in-law of the deceased resides in Haridwar and it is highly unlikely that she would have abetted the alleged suicide by the deceased.

Notice of motion for 31.3.2021.

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.

The learned State counsel, upon instructions from SI Rachhpal Singh, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation but she is not fully cooperating inasmuch she is not disclosing the names of other co-accused, who had given beatings to the deceased.

4.

I have considered aforesaid submissions.

5.

The petitioner cannot be expected to make an admission to the effect that she alongwith co-accused had given beatings to the deceased. In any case, since the petitioner is stated to have joined investigation and while having regard to the nature of allegations, the petition is accepted and the interim directions issued by this Court vide order dated 28.12.2020 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 31.3.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.03.31 17:33 I attest to the accuracy and integrity of this document