Sukhwinder Kaur v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-7.4.2022 Sukhwinder Kaur ... Petitioner

Versus

State of Punjab ... Respondent \

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. G.S. Gurna, Advocate for Mr. Hardeep Singh Dhindsa, Advocate for the petitioner. Mr. Anmol Singh Sandhu, AAG, Punjab.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.136 dated 26.3.2021, Police Station Division No.5, Ludhiana, under Sections 307, 447, 511, 148, 149, 120-B of Indian Penal Code and Section 25/54/59 of Arms Act. 2.

At the time of issuance of notice of motion on 23.12.2021, the following order was passed:

"Learned counsel for the petitioner submits that the petitioner and other members of her family were occupying house i.e. H.No. 3078, Bisleriwali Gali, Mohalla Gurdev Nagar, Ludhiana on rent, which belongs to grand mother of the complainant and that the complainant party has forcibly thrown out the petitioner and her

( 2 ) family from the house and in order to save themselves have come out with false allegations that the petitioner and others were forcibly trying to occupy the house in question. Learned counsel submits that the house in question is presently in possession of the complainant and the entire belongings of the petitioner and others have been removed from the house in question. It has further been submitted that upon inquiring into the matter, no evidence was found against the petitioner who is a lady and she was kept in Column No.2, but she apprehends her arrest as while submitting charge-sheet against coaccused, it has been specifically stated therein that as and when any evidence is found against her, she would be arrested.

Notice of motion for 7.4.2022.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to her furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner 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."

3.

Learned State counsel, upon instructions from the Investigating Officer, has informed that pursuant to interim directions, the petitioner has since joined investigation and is not required for any custodial interrogation. It has also been informed that the petitioner is not involved in any other case. 4.

Having regard to the aforestated position, wherein the petitioner is stated to have joined investigation and is not required for any custodial interrogation and is not even stated to be involved in any other case, the petition is accepted and the interim directions issued by this Court vide order dated 23.12.2021 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and

( 3 ) cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C. 7.4.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No