The Court converted an interim anticipatory bail granted on 19.05.2009 to absolute bail for the petitioner challenging FIRs under sections 307, 324, and 323 IPC. The Court noted the petitioner joined investigation without expressing any opinion on merits.
Interim anticipatory bail granted on 19.05.2009 is made absolute.
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Crl. Misc. No. M- 13736 of 2009
Amarjit Kaur vs. State of Punjab
Present: Mr. P.S.Ahluwalia, Advocate, for the petitioner
Mr. Aman Deep Singh Rai, AAG, Punjab Mr.K.S.Sidhu, Advocate, for the complainant
At the time of issuance of notice of motion, following order was passed by this Court on 19.5.2009.
“ This petition under Section 438 of the Code of Criminal; Procedure, for the grant of pre-arrest bail to the petitioner in cross version under Sections 307, 324 and 323 read with Section 34 IPC, in case FIR No. 72 dated 26.03.2009, registered at Police Station Khanna, District Ludhiana, has been filed by the petitioner.
Counsel for the petitioner has submitted that in cross-version, the petitioner has been attributed injury on right thigh of Davinder Singh with Danda, which was declared simple3, in nature. He has further submitted that the FIR was lodged, on the basis of statement of the husband of the petitioner. He has further submitted that, in that occurrence, the petitioner also received injury which was lacerated wound C shaped 22 cm x 0.5 cm on the right side of fact. He has further submitted that the husband of the petitioner, who was attributed dangerous to life injury, is in custody.
Crl. Misc. No. M- 13736 of 2009 -2-
Counsel for the complainant has also submitted that the injury attributed to the petitioner, on right thigh of Davinder Singh, was declared simple in nature.
Notice of motion to State for 25.05.2009.
In the meanwhile, in the event of arrest, the
petitioner shall be released on interim anticipatory bail, to the satisfaction of Arresting Officer on her furnishing the bail bonds, in the adequate sum, and subject to the compliance of the provisions of Section 438(2) Cr.P.C.
Learned State counsel, who is assisted by ASI Arjan Singh and Mr. K.S.Sidhu, counsel for the complainant, has submitted that the petitioner has joined investigation and is not requi8red for further investigation.
Accordingly, without expressing any opinion on the merits of the case, this petition is allowed and the interim bail granted by this Court on 19.5.2009 is made absolute.
(SABINA) JUDGE
May 25, 2009 PARAMJIT
2 issues framed by the court
Whether the petitioner is eligible for conversion of interim anticipatory bail to absolute bail.
Whether the grant of anticipatory bail requires expression of opinion on merits in this case.
2 provisions across 2 enactments
Amarjit Kaur
State of Punjab
SABINA
PARAMJIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
