Nirmal Kaur v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision : 11.12.2023 Nirmal Kaur ..... Petitioner(s)

Versus

State of Punjab ..... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Abhishek Thakur, Advocate for Mr. Amandeep Singh Manaise, Advocate for the petitioner. Mr. Harjinder Singh Sidhu, AAG Punjab.

ALKA SARIN, J. (ORAL) 1.

This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.51 dated 23.08.2023 registered under Sections 323, 324, 354, 354-B, 148 & 149 of Indian Penal Code, 1860 (Section 326 of IPC added later on) at Police Station Kotli Surat Malhi, Police District Batala, District Gurdaspur. 2.

On 13.09.2023 the following order was passed : "The petitioner herein seeks the relief of anticipatory bail in the criminal case arisen out of the FIR bearing No.51 dated 23.08.2023 registered at Police Station Kotli Surat Malhi, Police District Batala, District Gurdaspur, under Sections 323, 324, 354, 354-B, 148 & 149 IPC.

Learned counsel for the petitioner, inter-alia, contends

-2that the petitioner happens to be the mother-in-law of the complainant and she has been got falsely implicated in the criminal case under reference due to the dispute between her and the complainant over the house and the land, as owned by the family and moreover, there is delay of 04 days in lodging the FIR and the only role attributed to the petitioner therein, is that she had allegedly caught hold of the hair of the complainant and had taken her inside the house and to add to it, the petitioner is ready and willing to join in the investigation as and when required and she is also not involved in any other criminal case.

Notice of motion.

Mr. Iqbal Singh Mann, learned Deputy Advocate General, Punjab, who has appeared in this case in pursuance of the copy of the instant petition having been sent to the respondent-State in advance, accepts the notice and he seeks some time to get proper and complete instructions qua the present matter from the quarter concerned and if deemed necessary, then to file the Status-Report also.

Adjourned to 24.11.2023.Meanwhile, the petitioner shall join in the investigation on 26.09.2023 at 10:00 AM sharp and if there need be, even thereafter and in the event of her arrest, she shall be released on interim bail

-3subject to her furnishing the requisite personal and surety bonds to the satisfaction of the Arresting/Investigating Officer and she shall also strictly abide by all the conditions as laid down in Section 438(2) Cr.P.C."

3.

Learned counsel for the petitioner would contend that pursuant to the said order the petitioner has joined investigation and has fully cooperated.

4.

Learned counsel for the State on instructions from ASI Kulwant Singh has stated that the petitioner has since joined investigation and has fully cooperated and that she is no longer required for further custodial interrogation as of now.

5.

In view of the above, the order dated 13.09.2023 is made absolute. The petitioner shall, however, join investigation as and when called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. 6.

Disposed off accordingly. Pending applications, if any, also stand disposed off.

11.12.2023 (ALKA SARIN) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO