Dismissed

Surjit Kaur v. State of Punjab

Punjab & Haryana HC9 May 2013CRM-M/11095/2013

Case brief

AI extract

What is this about?

Coram orally disposed of an anticipatory bail petition filed under Section 438 Cr.P.C. The court accepted the application and made the prior order granting interim bail absolute, noting no opposition and that the petitioner has joined the investigation.

What did the court decide?

The anticipatory bail application is accepted and the order dated 05.04.2013 granting interim bail is made absolute subject to conditions under Section 438(2) Cr.P.C.

Surjit Kaur Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2013)

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CRM No.M-11095 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 11095 of 2013(O&M) Date of Decision: May 9, 2013.

Surjit Kaur

...... PETITIONER(s)

Versus

State of Punjab

...... RESPONDENT (s)

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CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mr. J.J.S.Uppal, Advocate, for the petitioner.

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Mr. P.S.Paul, DAG, Punjab.

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RAM CHAND GUPTA, J.(Oral)

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The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no.19 dated 07.02.2013, under Sections 498A/406/342/323/34 IPC, registered at police station Sandaur.

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I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Sangrur dismissing anticipatory bail application filed on behalf of the petitioner.

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CRM No.M-11095 of 2013

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This Court while issuing notice of motion on 05.04.2013 passed the following order:-

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“Contends that interim bail was granted to petitioner by learned Additional Sessions Judge, Sangrur, and, however, bail application was dismissed on the statement of ASI on the plea that she was not cooperating. However, it is contended that co-accused, i.e., husband and son of petitioner have already been arrested and released on regular bail. It is further contended that complainant left matrimonial home of her own after leaving behind two minor daughters aged ten years and seven years respectively and, there is no other lady in the house except the petitioner to look after the minor daughters of the complainant.

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Notice of motion to Advocate General, Punjab, for 9.5.2013.

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However, in the meantime, petitioner is directed to join the investigation and in case she is arrested, she shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.”

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It has been contended by learned counsel for the petitioner that she has already joined the investigation pursuant to said order dated 05.04.2013

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It has also been stated by learned counsel for the State, on instruction from ASI Khalil Khan, that petitioner has joined the investigation and that she is no more required for any custodial interrogation. Bail application is not opposed.

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There are no allegations on behalf of the State that petitioner is

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CRM No.M-11095 of 2013

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likely to abscond or that she is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

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Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Surjit Kaur is accepted and order dated 05.04.2013 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C.

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The present petition stands disposed of accordingly.

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May 9, 2013. ‘om’

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( RAM CHAND GUPTA ) JUDGE

Surjit Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

Surjit Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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