Balvir Kaur v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision : 28.11.2023 Balvir Kaur ..... Petitioner(s)

Versus

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

Mr. Bhawesh Chaudhary, Advocate for the petitioner. (through video conferencing) Mr. M.S. Tiwana, AAG Punjab.

Mr. Kuldeep V. Singh, Advocate with Ms. Jaspreet Kaur, Advocate for the complainant. 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.87 dated 22.08.2023 under Sections 326/354/323/506/34 of the Indian Penal Code, 1860 registered at Police Station Bilga, District Jalandhar. 2.

On 17.10.2023 the following order was passed : "Contends inter alia that this is a case of version and cross-version between the parties.

Notice of motion.

On asking of the Court, Mr. Joginder Pal Ratra, Sr. DAG,Punjab accepts notice on behalf of the respondent

-2and seeks time to have instructions and/or file written response in the matter.

Mr. Kuldeep V. Singh Ahluwalia, Advocate has filed Power of Attorney on behalf of the complainant. Posted for 28.11.2023.

In the meanwhile, petitioner shall join investigation before the Investigating Officer. In the event of arrest, the Arresting Officer would admit her to interim bail in the present case, till the next date of hearing, on furnishing adequate bail and surety bonds to his satisfaction. The petitioner is also directed to abide by all the conditions as envisaged under Section 438(2) of Code of Criminal Procedure, 1973."

3.

Learned counsel for the petitioner would contend that grievous injuries have not been attributed to the present petitioner and the injuries attributed to the petitioner have been declared as simple in nature. Learned counsel would further contend that pursuant to the order dated 17.10.2023 the petitioner has joined investigation and has fully cooperated. 4.

Learned counsel for the State, on instructions from ASI Nachhatar 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 17.10.2023 is made absolute. The petitioner shall, however, join investigation as and when

-3called. 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.

28.11.2023 (ALKA SARIN) JUDGE

1. Whether speaking/reasoned: Yes/No

2. Whether reportable: Yes/No