Ritu Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision:19.04.2023 RITU KAUR

...Petitioner(s)

VERSUS

STATE OF PUNJAB

...Respondent(s)

CORAM : HON'BLE MR. JUSTICE GURBIR SINGH

Present:

Mr. K.S. Brar, Advocate for the petitioner.

Ms. Himani Arora, AAG Punjab.

**** GURBIR SINGH , J. (ORAL) The prayer in the present petition filed under Section 438 Cr.P.C is for grant of anticipatory bail to the petitioner in case FIR No. 148 dated 26.10.2022 under Section 304 and 34 of IPC, registered at Police Station Raman, District Bathinda (Annexure P-1).

On 11.01.2023, the following order was passed:- "In compliance of order dated 09.12.2022 passed by this Court, Status report by way of affidavit of Buta Singh, PPS, Deputy Superintendent of Police, Sub Division Talwandi Sabo, District Bathinda, has been filed in the Court today. The same is taken on record.

As per version of the prosecution, Mehakdeep Singh @ Mehky (since deceased) started taking drugs. On 25.10.2022 at about 8.30 p.m., Pargat Singh and Channi Singh took his nephew Mehakdeep Singh @ Mehky along with them from his house by saying that they were to bring motorcycle from

-2Talwandi Sabo. At about 11.30. pm, complainant and Balvir Singh came near Kali Mata Mandir and saw that Pargat Singh, Ritu Kaur and Channi Singh were indulging in conversation with Mehakdeep Singh @ Mehky. The complainant and Balbir Singh told Mehakdeep Singh @ Mehky to go home and thereafter they went to their respective homes. The next morning, the dead body of Mehakdeep Singh @ Mehky was found lying in the pond of the village temple. The petitioner is the wife of Pargat Singh. As per status report filed many cases are registered against Pargat Singh but no case is registered against petitioner-Ritu Kaur. Allegations are basically that Mehakdeep Singh @ Mehky died due to overdose of drugs. No report in this regard is yet received so, the cause of death is still not ascertained. Learned counsel for the petitioner submits that the petitioner is ready to join investigation.

Adjourned to 19.04.2023.

Meanwhile, in the event of arrest of the petitioner in the instant case, she shall be enlarged on interim bail subject to her furnishing personal bond/surety bond to the satisfaction of Investigating Officer/Arresting Officer. The petitioner shall join the investigation as and when called upon to do so by the Investigating Agency. The petitioner shall abide by the conditions as laid down under Section 438(2) Cr.P.C. in letter and spirit." Learned State counsel, on instructions from HC Harpreet Singh, 1349, submits that in compliance of the order dated 11.01.2023 the petitioner has already joined the investigation and he is not required for any custodial interrogation.

In view of above, the order dated 11.01.2023 granting interim bail to the petitioner, is made absolute. The petitioner shall abide by the conditions as

-3laid down under Section 438(2) Cr.P.C. in letter and spirit. Petition is disposed of accordingly.

(GURBIR SINGH) JUDGE 19.04.2023 kusum Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No