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High Court of Punjab and HaryanaCRM-M/51048/2023allowed

Kiranjeet Kaur Alias Kiran Alias Kirandeep Kaur v. State Of Punjab

2023-11-09Mr. Justice Sanjiv Berry3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 09.11.2023 .....PETITIONER

VERSUS

.....RESPONDENT

CORAM:

HON'BLE MR. JUSTICE SANJIV BERRY.

Present:

Mr. Rehat Bir Singh Mann, Advocate for the petitioner.

Mr. Subhash Godara, Addl. AG, Punjab.

FIR No.

Dated Sections Police Station 03.06.2023 420,406,370,506, 120-B IPC Section 13 of Punjab Prevention of Human Smuggling Act, 2012 (deleted later on) Section 13 of Punjab Travel Professional Regulation Act, 2014 (added lateron) Sadar Tarn Taran, District Tarn Taran, Punjab 2.

Learned counsel for the petitioner has submitted that in compliance to the order dated 09.10.2023 passed by this Court, the

petitioner has already joined the investigation and as such interim bail granted to the petitioner may be confirmed.

3.

Learned State counsel, on instructions from SI Balraj, has intimated that the petitioner has joined investigation and is no more required for any custodial investigation in this case nor he is required for further investigation.

4.

During the course of hearing on 09.10.2023, this Court has passed the following order:- "By way of present petition filed under Section 438 Cr.P.C, the petitioner seeks anticipatory bail in case FIR (Annexure P-1) as under:- FIR No.

Dated Sections Police Station 03.06.2023 420,406,370,506, 120-B IPC Section 13 of Punjab Prevention of Human Smuggling Act, 2012 (deleted later on) Section 13 of Punjab Travel Professional Regulation Act, 2014 (added lateron) Sadar Tarn Taran, District Tarn Taran, Punjab 2.

It is, inter alia, contended by learned counsel for the petitioner that the petitioner has no concern whatsoever with the allegations levelled in the FIR except for the fact that she happens to be the wife of Sandeep Singh-accused, named in the FIR. He further contends that there is no transaction by the complainant alleged to have taken place with the petitioner and infact the co-accused-Sandeep Singh, husband of the petitioner as well as Salwinder Singh, father-in-law of the petitioner, have since been arrested.

3.

Learned counsel for the petitioner further contends that the petitioner is ready to join investigation. 4.

Notice of motion.

5.

On the asking of the Court, Mr. Subhash Godara, Addl. AG, Punjab, present in Court, accepts notice on behalf of the Staterespondent and prays for time to file the status report/reply in the matter.

6.

Adjourned to 09.11.2023.

7.

Needful be done well before the date fixed with an advance copy to the counsel opposite.

8.

In the meanwhile, the petitioner is hereby directed to join investigation within seven days from today and in the event of her arrest, she is ordered to be released on interim bail on her furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. She shall also abide by conditions as envisaged under Section 438(2) Cr.P.C"

5.

Keeping in view the above submissions made by learned State counsel and the fact that the petitioner had joined the investigation consequent to the order dated 09.10.2023 passed by this Court, interim bail granted vide order dated 09.10.2023 is hereby confirmed, subject to conditions as envisaged under Section 438(2) Cr.P.C. Further the petitioner is directed to join investigation as and when required in future by way of written notice for such purpose to be served by Investigating Officer of this case upon the petitioner; he will not tamper with the evidence nor will influence the witnesses and will not leave the country without prior permission of the Court.

(SANJIV BERRY)