Allowed

Jaswant Kaur v. State of Punjab

Punjab & Haryana HC8 Feb 2018CRM-M/23734/2017

Case brief

AI extract

What is this about?

The court allowed a petition for anticipatory bail. It held that custodial interrogation was not required and made the existing order absolute without casting reflection on trial. The judgment explicitly excludes issues regarding the underlying charge merits.

What did the court decide?

Anticipatory bail granted; the order dated 07.07.2017 was made absolute. Custodial interrogation was dispensed with.

Jaswant Kaur Vs State of Punjab — Child Sexual Offences (POCSO) | Punjab & Haryana HC (2018)

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Crl. Misc. No. M-23734 of 2017

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-23734 of 2017 Date of Decision : February 08, 2018

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Jaswant Kaur ..........................................................Petitioner

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Versus

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State of Punjab and another ................................. Respondents

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CORAM : HON'BLE MRS. JUSTICE LISA GILL

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Present: Mr. Mandeep Kaushik, Advocate for the petitioner.

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Ms. Monika Jalota, DAG, Punjab.

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LISA GILL, J. (Oral)

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The petitioner seeks the concession of anticipatory bail in FIR No. 215 dated 07.06.2017 under Sections 376, 120-B IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 registered at Police Station Basti Jodhewal, District Ludhiana.

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It is submitted that the petitioner has been falsely implicated in this case. Allegations have been levelled by the complainant against the petitioner's son. The only allegation against the petitioner, it is contended, is that she pressurized the complainant to marry her son. The petitioner's son, it is submitted, is in custody. The petitioner has joined investigation and is not involved in any other criminal case. It is, thus, prayed that this petition be allowed.

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Learned counsel for the State, on instructions from HC Raj Kumar, verifies that the petitioner has joined investigation and her

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Rupinder Kaur 2018.02.08 17:56 I attest to the accuracy and integrity of this document

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Crl. Misc. No. M-23734 of 2017

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custodial interrogation is not required. The petitioner is not reported to be involved in any other criminal case.

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Keeping in view the facts and circumstances of the case but without expressing any opinion on the merits of the case, it is considered just and expedient to allow this petition. Consequently, order dated 07.07.2017 is made absolute.

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None of the observations made here-in-above shall be construed to be a reflection on merits of the case and shall have no bearing on trial.

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( LISA GILL ) 08.02.2018 JUDGE rupi

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Note: Whether speaking/reasoned Yes / No Whether Reportable: Yes / No

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Rupinder Kaur 2018.02.08 17:56 I attest to the accuracy and integrity of this document

Jaswant Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

Jaswant Kaur v. State of Punjab

Case brief

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What did the court decide?

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