Jaspal Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Date of Decision: 30.01.2024 Jaspal Kaur ......Petitioner

Versus

State of Punjab ......Respondent

CORAM:

HON'BLE MR.JUSTICE SUMEET GOEL ***** Present:- Mr.S.S.Grewal, Advocate and Mr. Kapil Mohan Singh, Advocate, for the petitioner. Mr. Anup Singh, AAG, Punjab.

Mr. Divij Datt, Advocate for Mr. Satveer Singh Badal, Advocate, for the complainant. SUMEET GOEL, J. (ORAL) 1.

On 23.11.2023, the following order was passed:- "1. Petitioner is seeking anticipatory bail in case bearing FIR No.187 dated 28.08.2023 under Sections 306, 120-B and 34 IPC, registered at Police Station Talwandi Sabo, District Bathinda.

2. Learned counsel for the petitioner contends that the deceased is the daughter-in-law of the petitioner and there is no allegation attributed to the petitioner in the FIR. The petitioner has been nominated on the basis of the supplementary statement of the complainant after a period of 21 days alleging that the petitioner in connivance with her son has abetted the commission of suicide. Foji Gurjeet Singh @ Gurjeet Singh, the son of the petitioner has been granted anticipatory bail by the Co-ordinate Bench of this Court in terms of the order dated 31.10.2023 passed in CRM-M-47174 -2023.

3. Notice of motion.

-24. Ms. Ruchika Sabherwal, DAG, Punjab Advocate accepts notice on behalf of the respondents-State.

5. Adjourned to 30.01.2024.

6. Meanwhile, the petitioner shall join the investigation and would come present as and when called for and in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as specified under Section 438(2) Cr.P.C." 2.

Learned State counsel on instructions from, ASI Harinder Singh, has stated that pursuant to the order dated 23.11.2023, the petitioner has joined investigation and is no longer required for custodial interrogation. However, learned counsel for the complainant has vehemently opposed the grant of bail on the ground that the allegations raised against the petitioner are very serious and it requires her custodial interrogation.

3.

In view of above, the interim order dated 23.11.2023 passed by this Court is made absolute, subject to the conditions as enumerated under Section 438(2) Cr.P.C.

4.

This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.

-35.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 438(2) Cr.P.C., 1973 or upon showing any other sufficient cause.

6.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE January 30, 2024 poonam Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No