Jaspal Kaur @ Kalo Kaur v. State Of Punjab
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-49067-2023 (O&M) Date of decision: 04.10.2023 Jaspal Kaur @ Kalo Kaur ....Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY **** Present :
Mr. Neeraj Jain, Advocate for the petitioner Mr. Manipal Singh Atwal, DAG Punjab **** AMAN CHAUDHARY , J.
1.
Prayer in the present petition filed under Section 439 Cr.P.C. is for the grant of regular bail to the petitioner in case FIR No.12 dated 14.02.2023, registered under Sections 420, 465, 468, 471 and 120-B IPC, at Police Station Cheema, District Sangrur.
2.
Learned counsel contends that the petitioner is in custody for 1 month and 22 days. There has been a compromise arrived at between her and the complainant on 19.09.2023, Annexure P-3. The petitioner has 4 daughters, 1 of whom is a minor and there is no one to look after them. She is not involved in any other case. It is a case of Magisterial trial. 3.
Learned State counsel on instructions from ASI Ajaib Singh affirms the factum of compromise has been effected between the parties. He is however unable to controvert the submissions with regard to custody and the petitioner not being involved in any other case.
- - 4.
Learned counsel for the complainant also affirms the factum of compromise and has no objection, if regular bail is granted to the petitioner. 5.
Heard.
6.
Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 1 month and 22 days; not involved in any other case; compromise having been arrived at between the parties and the offences are triable by Magistrate, thus her further incarceration would not serve any useful purpose, the present petition for grant of regular bail deserves to be allowed.
7.
As a result, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to her furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned and subject to her not being required in any other case. The petitioner shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial.
(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.
(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.
(iv) The petitioner shall not commit an offence similar to the offence of which, she is an accused, or for commission of which she is suspected of.
(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.
(vi) The petitioner shall not in any manner misuse her liberty.
- - (vii) The petitioner shall furnish her address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the petitioner seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same.
(viii) The petitioner shall not leave the country without prior permission of the trial Court.
(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner. 8.
It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.
9.
In view of the above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be construed as an opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.
(AMAN CHAUDHARY) JUDGE October 04, 2023 M.Kamra Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No