Court granted absolute bail to petitioners who were interim bailed in an assault case. Found custodial interrogation unnecessary due to lack of recovery, allowing interim bail under CrPC 438(2).
Interim bail granted to petitioners on 16.1.2018 made absolute subject to conditions under Section 438(2) Cr.P.C.
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.
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CRM-M No.1459 of 2018
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.1459 of 2018 DATE OF DECISION :- March 23, 2018
Sunita and others
...Petitioners
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE H.S. MADAAN
Present :- Mr. S.S. Goraya, Advocate for the petitioners.
Mr. Ramandeep Sandhu, Sr. DAG, Punjab. ***
Mr. Tarunvir Singh Lehal, Advocate has appeared on behalf of the complainant by filing vakalatnama, which be taken on record.
This application for pre arrest bail has been filed by petitioners Sunita, Sonia and Bevi. all of them being accused in F.I.R. No. 134 dated 31.8.2017 under Sections 452, 323, 324, 506, 148, 149 IPC with Section 326 IPC added later on registered with Police Station City Batala, District Gurdaspur.
F.I.R. in this case was registered at the instance of Marry, who stated that on 26.8.2017 at about 4.00 p.m., when she was present at the house of Seema, Manga armed with a Datar and the remaining all with empty handed threatened Seema asking her to withdraw the case filed against them and when Marry tried to intervene, then Manga gave a Datar blow to her hitting her on left arm, then Bitu caught hold of her throwing her on the ground. Thereafter, Sunita, Nirmal, Sonia and Bevi gave kick and fist blows to the complainant while she was lying on the ground. Thereafter, the assailants left the spot along
Parvinder Singh 2018.03.23 18:16 I attest to the accuracy and integrity of this document Chandigarh
CRM-M No.1459 of 2018 2
with their respective weapons.
On recording of formal F.I.R. apprehending their arrest, such petitioners had approached the Court of Sessions by way of filing the petition for pre arrest bail which was assigned to Additional Sessions Judge, Gurdaspur. That petition was dismissed vide order dated 20.12.2017, as such they have now knocked at the door of this Court craving for grant of similar relief, which is being opposed by the State counsel as well as counsel for the complainant.
I have heards learned counsel for the petitioners, learned counsel for the complainant and learned State counsel besides going through the record.
As per allegations in the F.I.R., all the petitioners were empty handed and only kick and fist blows have been attributed to them. They have since joined the investigation in terms of the directions issued to them vide last order and then admitted to interim bail. No recovery is to be effected from them. In that way their custodial interrogation is not found to be necessary.
Under such circumstances, the interim bail granted to the petitioners on 16.1.2018 is made absolute, subject to their fulfilling conditions under Section 438(2) Cr.P.C.
The petition stands allowed accordingly.
(H.S. MADAAN) JUDGE
March 23, 2018 p.singh
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
Parvinder Singh 2018.03.23 18:16 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether interim bail should be made absolute in a case involving assault and threat without recovery from accused or need for custodial interrogation.
1 provisions across 1 enactments
Sunita and others
State of Punjab
H.S. MADAAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
