Kulwinder Kaur @ Kinder @ Piku v. State Of Punjab

CRM-M-54718-2023 (O&M) 2023:PHHC:141654

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-54718-2023 (O&M) Date of Decision: 07.11.2023 Kulwinder Kaur @ Kinder @ Piku and another ..... Petitioners

Versus

State of Punjab ..... Respondent CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Naveen Batra, Advocate for the petitioners.

Mr. Harpreet Singh, Addl. A.G., Punjab.

**** KULDEEP TIWARI, J.(ORAL) 1.

Through the instant petition filed under Section 439 Cr.P.C., the prayer is made for grant of regular bail to the petitioner in case FIR No. 61, dated 28.09.2019, under Sections 324 and 120-B IPC, registered at Police Station Aur, District Shaheed Bhagat Singh Nagar. 2.

Learned counsel for the petitioner submits that the petitioners have not been named in the FIR, rather they have been involved in the present FIR with the aid of Section 120-B IPC. It is further submitted that earlier they were granted regular bail and they were regularly facing trial before the learned trial Court. Owing to their absence before the trial Court on 16.08.2022, they were declared proclaimed persons on 30.01.2023. Thereafter, both the petitioners were arrested on 09.09.2023, and till date both the petitioners are behind bars. He further submits that the petitioners have suffered sufficient incarcerations, and that now the charges have been SATYAWAN 2023.11.08 14:33 I attest to the accuracy and integrity of this document

CRM-M-54718-2023 (O&M) 2023:PHHC:141654 framed on 04.10.2023, and he has instructions from his clients that in future they will not be absent from the trial.

3.

This Court, without commenting on the merits of the case, deem it appropriate to extend the benefit of regular bail to the petitioners, considering the fact that they are behind bars since 09.09.2023, the trial is at initial stage and the completion of the trial will take considerable long time. The present petition is allowed.

4.

The petitioners are ordered to be released on bail on furnishing of bail bonds and surety bonds to the satisfaction of concerned Chief Judicial Magistrate/trial Court/Duty Magistrate. 5.

However, anything observed here-in-above shall have no effect on the merits of the case and is meant for deciding the present petition only. (KULDEEP TIWARI) JUDGE 07.11.2023 Satyawan

1. Whether speaking/reasoned: Yes/No

2. Whether reportable:

Yes/No SATYAWAN 2023.11.08 14:33 I attest to the accuracy and integrity of this document