Sandeep Kaur v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 06.12.2023 Sandeep Kaur ......... Petitioner

Versus

State of Punjab ......... Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present:- Mr. Priyanshu Kamra, Advocate for the petitioner.

Mr.C.L. Pawar, Addl.A.G., Punjab for the respondent-State.

**** MAHABIR SINGH SINDHU, J.

Present petition has been filed under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail to the petitioner in FIR No.63 dated 08.09.2023, under Sections 353, 186, 332, 506 of the Indian Penal Code, 1860, registered at Police Station Sadar Abohar, District Fazilka, Punjab.

2.

Status report dated06.12.2023 by way of affidavit of Sh. Avtar Singh, PPS, Deputy Superintendent of Police (Rural), Abohar, District Fazilka on behalf of respondent No.1-State, filed in Court today, is taken on record.

-23.

Above FIR was registered on the statement of ASI Kuldeep Singh that he was manhandled and his uniform was also torn by the accused persons, including the present petitioner.

4.

This Court, while issuing notice of motion on 20.10.2023, granted interim bail to petitioner in the following manner:- "Notice of motion.

On asking of the Court, Mr. Joginder Pal Ratra, Sr. D.A.G., Punjab accepts notice on behalf of respondentState and seeks time to have instructions and/or file written response in the matter.

Posted for 06.12.2023.

In the meanwhile, petitioner shall join investigation before the Investigating Officer. In the event of arrest, the Arresting Officer would admit him to interim bail, till the next date of hearing, on furnishing adequate bail and surety bonds to his satisfaction. The petitioner shall also abide by all the conditions as envisaged under Section 438

(2) of Code of Criminal Procedure, 1973. "

5.

Learned counsel submits that in pursuance of the aforesaid order, petitioner has already joined the investigation and her custodial interrogation is not required.

6.

Learned State Counsel, on instructions from ASI Suresh submits that petitioner has joined investigation and as on today, her custodial interrogation is not required.

7.

In view of above, interim order dated 20.10.2023 is made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C. 8.

It is also made clear that petitioner shall fully co-operate with

-3the Investigating Officer as and when called for further investigation. 9.

The above observations may not be construed as an expression of opinion on merits of the case; rather confined only to decide the present bail matter.

10.

Disposed off accordingly.

11.

Pending application(s) if any, shall also stand disposed off. (MAHABIR SINGH SINDHU) JUDGE 06.12.2023 Satyawan

1. Whether speaking/reasoned: Yes/No

2. Whether reportable:

Yes/No