Sarbjit Kaur And Others v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-54010-2021 (O&M) Date of Decision:- 4.5.2022 Sarbjit Kaur and others ... Petitioners

Versus

State of Punjab ... Respondent (II) Jasbir Singh @ Bira and another ... Petitioners

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. P.B.S.Goraya, Advocate, for the petitioners. Mr. Tanvir Joshi, AAG, Punjab, assisted by ASI Gurpreet Singh.

Mr. Amit Arora, Advocate, for the complainant. ***** GURVINDER SINGH GILL, J . (Oral) 1.

This order shall dispose of the above mentioned two petitions wherein petitioners Sarbjit Kaur, Kirandeep Kaur, Kawaljeet Kaur, Randhir Kaur @ Dhir Kaur, Amandeep Kaur, Jasbir Singh @ Bira and Baljit Singh, seek grant of anticipatory bail in a case registered

CRM-M-54010-2021 (O&M) and - 2 - vide FIR No. 130, dated 15.9.2021, Police Station Sarhali, District Tarn Taran, under Sections 452, 324, 326, 323, 506, 427, 148, 149 IPC.

2.

At the time of issuance of notice of motion in CRM-M-54010-2021 the following order was passed on 23.12.2021: "Learned counsel for the petitioners submitted that it is a case of cross-versions wherein the entire family of the petitioners have been roped in by the opposite party and that as many as 5 lady members have been named in the FIR out of the 15 accused. It has been submitted that one person from each of the side has been injured and both of them have sustained grievous injuries and in these circumstances it will certainly be debatable as to which of the party is an aggressor inasmuch as the dispute has mainly arisen out of matter in respect of discharge of dirty water and affixation of CCTV cameras.

Notice of motion for 21.4.2022.

Meanwhile, in the event of arrest, the petitioners be released on interim bail subject to their furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioners 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. At this Stage, Mr. Amit Arora, Advocate, has put in appearance on behalf of the complainant."

CRM-M-54010-2021 (O&M) and - 3 - 3.

Even in the other case i.e. CRM-M-6644-2022, this Court while issuing notice of motion ordered for grant of interim bail to the petitioners while directing them to join investigation vide order dated 17.2.2022.

4.

Learned State counsel, upon instructions from ASI Gurpreet Singh, has informed that pursuant to interim directions, the petitioners have joined investigation and are not required for any custodial interrogation.

5.

Having regard to the aforestated position wherein the petitioners have joined investigation and are not required for any custodial interrogation, the petitions are accepted and the interim directions issued by this Court vide order dated 23.12.2021 and 17.2.2022 are hereby made absolute subject to the condition that the petitioners 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. 6.

A photocopy of this order be placed on the file of each connected case.

4.5.2022 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No