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High Court of Punjab and HaryanaCRM-M/47419/2023disposed of

Gurjeet Kaur v. State Of Punjab

2023-12-07Mrs. Justice Alka Sarin3 pages

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 07.12.2023 Gurjeet Kaur ..... Petitioner(s)

Versus

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

Dr. Dayal Partap Singh Randhawa, Advocate for the petitioner. Mr. Adhiraj Singh Thind, 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.54 dated 17.08.2023 under Sections 498A, 506, 120B of the Indian Penal Code, 1860 registered at Police Station Women Cell, Bathinda, District Bathinda. 2.

On 20.09.2023, the following order was passed:- "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.54 dated 17.08.2023 under Sections 498A, 506, 120B of the Indian Penal Code, 1860 registered at Police Station Women Cell, Bathinda, District Bathinda.

Learned counsel for the petitioner would contend that the petitioner in the present case is the married sisterin-law who was married prior to the marriage of the

-2complainant with her brother. The further contention of the learned counsel is that there are only general allegations against the petitioner and that though there are allegations that the petitioner had caught hold of the complainant by the hair and pulled her on the ground, however, there is no MLR on the record. The learned counsel would further contend that the petitioner is willing to join investigation and co-operate. Mr. Adhiraj Singh Thind, AAG Punjab accepts notice on behalf of respondent-State of Punjab. Mr. Gurmeet Singh Saini, Advocate has put in appearance for the complainant.

List on 24.11.2023.

Meanwhile, the petitioner is directed to join investigation on 25.09.2023 at 10.00 AM. In the event of arrest, the petitioner shall be admitted to interim bail on furnishing personal bonds with adequate surety to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the terms and conditions as specified in Section 438(2) of the Code of Criminal Procedure, 1973."

3.

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

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Learned counsel for the State, on instructions from ASI Gurmeet 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 20.09.2023 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.

07.12.2023 (ALKA SARIN) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO