The High Court allowed a petition for anticipatory bail. The petitioner was summoned for offences under IPC. Police investigation concluded allegations were false. Ad-interim bail granted earlier is confirmed.
Anticipatory bail granted; order dated 25.09.2013 made absolute; petitioner directed to appear at the summoning court on every date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Misc.No.M-29547 of 2013 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.No.M-29547 of 2013 (O&M) Date of Decision: 04th December, 2013
Raj Rani
.. Petitioner
Versus
State of Punjab & Anr.
.. Respondents
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Mr.Karanjit Singh, Advocate, for the petitioner.
Mr.K.S.Pannu, DAG, Punjab.
Mr.Atul Goyal, Advocate, for respondent No.2.
Naresh Kumar Sanghi, J.
Prayer in this petition is for grant of anticipatory bail to petitioner Raj Rani who has been summoned to face trial in a complaint case for the offences punishable under Sections 302, 323, 452 and 506 read with Section 34, IPC, by the learned Area Judicial Magistrate, vide his order dated 14.06.2013.
Learned counsel contends that the alleged occurrence had taken place on 12.01.2007 while the deceased had died on 14.04.2007 and, thereafter, the matter was reported to the police but no action was initiated against the petitioner and her co-accused; that after one year and two months of the occurrence, the private complaint was filed on the basis of which the petitioner has been summoned; that even if all the allegations enumerated in the complaint are taken at their face value then also, the petitioner is attributed the exhortation only; and in compliance of the order dated
Sharma Seema 2013.12.05 14:45 I attest to the accuracy and integrity of this document Chandigarh
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Criminal Misc.No.M-29547 of 2013 (O&M)
25.09.2013 passed by this Court, the petitioner did appear before the learned Summoning court and were admitted to ad-interim bail.
Learned counsel for the State, on instructions from ASI Rajinder Singh, Police Station, Sultanwind, District Amritsar, very fairly concedes that in compliance of the order dated 25.09.2013 passed by this Court, the petitioner did appear before the learned Summoning Court and was admitted to ad-interim bail. He further concedes that the allegations levelled by the complainant were found to be false during investigation by the police.
Learned counsel for the complainant though opposed the grant of bail to the petitioner but could not substantiate his allegations. He contends that stringent conditions be imposed in case the petitioner is granted the concession of anticipatory bail.
I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.
The alleged occurrence had taken place on 12.01.2007 while the deceased, Surinder Singh, had expired on 14.04.2007, i.e approximately three months after the occurrence. The police had found the allegations to be false. On the basis of the complaint, the petitioner has been summoned and in compliance with the order dated 25.09.2013, the petitioner did appear before the learned Summoning Court and was admitted to ad-interim bail.
Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed and the order dated 25.09.2013 passed by this Court is made absolute.
The petitioner shall continue to appear before the learned
Sharma Seema 2013.12.05 14:45 I attest to the accuracy and integrity of this document Chandigarh
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Criminal Misc.No.M-29547 of 2013 (O&M)
Summoning Court/trial court on each and every date of hearing unless ordered otherwise. She would abide by the provisions contained in Section 438(2), CrP.C.
December 04, 2013 Seema
(Naresh Kumar Sanghi) Judge
Sharma Seema 2013.12.05 14:45 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner summoned for offences under Sections 302, 323, 452, and 506 IPC.
Whether to make an earlier order on ad-interim bail absolute given police investigation findings.
RAJ RANI
STATE OF PUNJAB
NARESH KUMAR SANGHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
