Raj Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH -.- Date of Decision : 04.02.2022 Raj Kaur ....Petitioner

VERSUS

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

Mr. Minkal Thatai, Advocate for the petitioner. Mr. H.S. Multani, AAG Punjab.

ALKA SARIN, J. (Oral) Taken up through video conferencing.

On 05.01.2022, the following order was passed:- "

Case has been taken up for hearing through Video Conferencing.

This petition under Section 438 Cr.P.C. for grant of pre-arrest bail has been moved by petitioner in case FIR No.50 dated 02.03.2019 under Sections 148, 323, 324, 427 and 506 IPC read with Section 149 IPC, registered at Police Station Ajnala, District Amritsar Rural.

Learned counsel for petitioner inter alia contends that allegations levelled against the petitioner in the FIR, are altogether false and frivolous and there is no iota of truth therein. She further urges that petitioner was not named in the FIR and even otherwise no specific injury on the persons of injured namely Lakha Singh and Charanjit Kaur, is attributed to the petitioner. She further submits that vide order dated 03.11.2021 rendered by Sessions Court, petitioner was extended concession of interim bail to join investigation, however,

-2- her application was dismissed by that Court, vide order dated 23.11.2021 solely for the reason that petitioner did not join investigation, whereas petitioner has made efforts to join investigation. She further submits that though petitioner has no nexus whatsoever with the alleged offence, she is ready to join investigation as and when called upon to do so by Investigating Agency. Notice of motion.

At the asking of Court, Mr. Anmol Singh Sandhu, AAG, Punjab, accepts notice on behalf of respondentState and seeks time to furnish detailed status report. Complete copy of paper book be supplied to him during the course of the day.

Adjourned to 04.02.2022.

Meanwhile, in the eventuality of arrest of petitioner in the instant case FIR, she shall be enlarged on interim bail subject to her furnishing personal bond and surety bond to the satisfaction of Arresting Officer/Investigating Officer. Petitioner shall join investigation on 10.01.2022 at 10:00 AM sharp before Investigating Officer and that too in the presence of Lady Police Officer in Police Station Ajnala, District Amritsar Rural, and on any other subsequent date as informed to her by the Investigating Officer. Petitioner shall abide by conditions as laid down in Section 438

(2) Cr.P.C. in letter and spirit.

Status report by respondent-State be filed with the Registry of this Court well before the date fixed with copy in advance to learned counsel for the petitioner." Learned counsel for the petitioner stated that the petitioner has since joined the investigation and has fully co-operated with the

-3Investigating Officer and that he is not required for custodial interrogation as of now.

In view of the above, the order dated 05.01.2022 is made absolute. The petitioner shall, however, join the investigation as and when called for and shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. Disposed off accordingly.

February 04, 2022 ( ALKA SARIN ) tripti JUDGE NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO