Allowed

Pali Kaur @ Pal Kaur v. State of Punjab

Punjab & Haryana HC5 Nov 2012CRM-M/31076/2012

Case brief

AI extract

What is this about?

Single judge of the Punjab and Haryana High Court granted anticipatory bail to the petitioner in a criminal case involving IPC offences. The court affirmed the interim bail order, making it absolute conditioned on cooperation in the investigation.

What did the court decide?

Anticipatory bail granted; interim bail order dated October 04, 2012 made absolute subject to conditions and compliance with investigation.

Pali Kaur @ Pal Kaur Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2012)

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CRM No.M-31076 of 2012 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M-31076 of 2012(O&M) Date of Decision:05.11.2012

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Pali Kaur @ Pal Kaur .....Petitioner

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Versus

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State of Punjab .....Respondent

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CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.

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Present: Ms.Arti, Advocate, for the petitioner.

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Mr.Piyush Bansal, Deputy Advocate General, Punjab, for the respondent-State.

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

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MEHINDER SINGH SULLAR , J.(oral)

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Petitioner-Pali Kaur @ Pal Kaur wife of Sh.Hansi @ Gurbans Singh, has preferred the instant petition for the grant of anticipatory bail in a case registered against her along with her other coaccused, by virtue of FIR No.58 dated 15.05.2012, on accusation of having committed the offences punishable under Sections 323, 506, 427 and 34 IPC(the offences punishable under Sections 307 and 325 IPC were added later on), by the police of Police Station Raman, District Bathinda, invoking the provisions of Section 438 Cr.P.C.

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Notice of the petition was issued to the State.

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After hearing the learned counsel for the parties, going

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through the record with their valuable assistance and after considering the

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CRM No.M-31076 of 2012 2

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entire matter deeply, to my mind, the instant petition for anticipatory bail deserves to be accepted in this context.

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During the course of preliminary hearing, the following order was passed by this Court on October 04, 2012:-

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“Learned counsel, inter alia, contended that no injury whatsoever is attributed to the petitioner and she has been falsely implicated in this case by the complainant.

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Heard.

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Notice of motion be issued to the respondent, returnable for 16.10.2012.

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Meanwhile, the petitioner is directed to join the investigation before the next date of hearing. In the event of her arrest, the Arresting Officer would admit her to bail on her furnishing adequate bail and surety bonds in the sum of Rs.25,000/- to his satisfaction.”

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At the very outset, learned State Counsel has acknowledged the factual matrix and submitted on the instructions from ASI Jagdev Singh, that the petitioner has already joined the investigation. She is no longer required for further interrogation, at this stage. There is no history of her previous involvement in any other criminal case. Moreover, no injury whatsoever is attributed to her.

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In the light of aforesaid reasons and taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioner by this Court, by way of order dated October 04, 2012, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C.

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CRM No.M-31076 of 2012 3

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Needless to mention that, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of her bail, in this respect.

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November 05, 2012 ( M EHINDER S INGH S ULLAR) seema JUDGE

Pali Kaur @ Pal Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

Pali Kaur @ Pal Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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