Prem Kumari Alias Prem Rani v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 09.01.2025 Prem Kumar @ Prem Rani

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Rahul Bhargava, Advocate for the petitioner. Mr. Neeraj Madaan, Sr. DAG, Punjab.

*** SUMEET GOEL , J.

(Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No. 127 dated 08.11.2024 registered for offences punishable under Sections 108, 190 of BNS, 2023 at Police Station Division E, District Amritsar Police Commissionerate. 2.

On 20.12.2024, the following order was passed:- "Apprehending her arrest in FIR No. 127 dated 08.11.2024 registered for offences punishable under Sections 108, 190 of BNS, 2023 at Police Station Division E, District Amritsar Police Commissionerate; the petitioner has preferred this petition under Section 482 of BNSS seeking pre-arrest bail. Inter-alia relies upon the order dated 19.12.2024 passed in CRM-M-64422 of 2024.

Notice of motion.

On asking of the Court, Mr. Adhiraj Singh, AAG, Punjab appears and accepts notice on behalf of the respondent-State. Adjourned to 09.01.2025.

The petitioner is directed to appear before the Investigating Officer on 26.12.2024 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to her furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. She shall abide by the condition(s) enumerated under Section 482(2) of BNSS, 2023.

To be heard along with CRM-M-64422 of 2024."

3.

Learned State counsel, on instructions from ASI Baljeet Singh, has stated that pursuant to the order dated 20.12.2024, the petitioner has joined investigation and is no longer required for custodial interrogation.

4.

In view of above, the present petition stands allowed and the interim order dated 20.12.2024 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023.

5.

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. 6.

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 482(2) of BNSS, 2023 or upon showing any other sufficient cause.

7.

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 09.01.2025 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No