High Court of Punjab and HaryanaCRM-M/44918/2023allowed

Daljit Kaur v. State Of Punjab

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

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:158740 1.

CRM-M-44918-2023 Date of decision: December 12th, 2023 Daljit Kaur .....Petitioner

Versus

State of Punjab .....Respondent 2.

CRM-M-44923-2023 Darshan Singh .....Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Harish Bhatti, Advocate for the petitioners.

Mr. Mohit Kapoor, Additional Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) Prayer in these petitions is for grant of anticipatory bail to the petitioners in case FIR No.122 dated 14.06.2023 under Sections 323, 341, 295, 506, 427, 148 and 149 of the IPC registered at Police Station Samrala, District Khanna.

Vide order dated 12.09.2023, the petitioners had been granted interim anticipatory bail with direction to join investigation and the relevant part of the said order reads as under:- "Learned counsel for the petitioners inter alia contends that there has been a delay of 04 days in lodging of the FIR in question which clearly hints towards a fabricated and exaggerated version having been brought forth. It has been further PUNEET SACHDEVA 2023.12.12 18:31 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-44918 and 44923-2023 -2submitted that the allegations qua the commission of offence under Section 295 of the IPC has not been attributed to the petitioners but to co-accused Kulwant Singh. While petitioner Daljit Kaur has been attributed only kick blows on the person of the injured, petitioner Darshan Singh has been attributed a simple injury. He further submits that the petitioners are ready to join investigation and cooperate with the investigating agency."

Learned counsel for the petitioners submits that in compliance of order dated 12.09.2023, the petitioners have joined investigation and cooperated with the investigating agency. Learned State counsel, on instructions from ASI Pawanjit, does not dispute the factum of the petitioners having joined investigation and cooperated with the investigating agency. He on further instructions submits that the petitioners are not required for further investigation much less for their custodial interrogation. In view of the above, the petition is allowed and interim order dated 12.09.2023 is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

Copy of this order be placed on the file of connected case. December 12th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2023.12.12 18:31 I attest to the accuracy and integrity of this document.

Chandigarh