Allowed

Simranjeet Kaur v. State of Punjab

Punjab & Haryana HC27 Sept 2021CRM-M/20644/2021

Case brief

AI extract

What is this about?

Single judge order granting anticipatory bail. The interim relief previously granted was made absolute. The petitioner, a lady accused not found needed for custodial interrogation or to join investigation, was released subject to appearing when called and complying with CrPC Section 438 conditions. This order determines the bail status and operation of the bail order.

What did the court decide?

The interim order of 24.05.2021 granting anticipatory bail to Simranjeet Kaur was made absolute, conditioning her release on joining the investigation as directed and obeying Section 438(2) Cr.P.C.

Simranjeet Kaur Vs State of Punjab — Anticipatory Bail | Punjab & Haryana HC (2021)

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In the High Court for the States of Punjab and Haryana At Chandigarh

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CRM-M-20644-2021 (O&M) Date of Decision:-27.9.2021

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Simranjeet Kaur … Petitioner

Versus

State of Punjab

... Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

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Present:Mr. Atul Goyal, Advocate for the petitioner.

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Mr. Harpreet S. Multani, AAG, Punjab, assisted by ASI Harjinder Singh.

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(proceedings conducted through video conferencing)

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GURVINDER SINGH GILL, J .(Oral)

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The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.158 dated 11.12.2020 at Police Station Division No.2, District Police Commissionerate Jalandhar under Sections 302, 148, 149 of Indian Penal Code, wherein offence under Section 120-B IPC was added later on.

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At the time of issuance of notice of motion on 24.5.2021, the following order was passed:

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“Learned counsel for the petitioner contends that as per the case of prosecution a fight had taken place just outside the Gurdwara wherein the husband of the petitioner is alleged to have caused injury to the deceased. It has been submitted that the petitioner is nowhere named in the FIR and has subsequently been nominated

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PANKAJ KAKKAR 2021.09.27 18:48 I attest to the accuracy and integrity of this document

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( 2 ) CRM-M-20644-2021 (O&M)

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as an accused on the basis of CCTV footage wherein the presence of the petitioner is also shown although the petitioner is not attributed any injury.

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It has further been submitted that in fact the petitioner and other ladies of the locality had gathered at the place of occurrence upon a commotion having been raised.

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Notice of motion for 27.9.2021.

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Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to her furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.”

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Learned State counsel, upon instructions from ASI Harjinder Singh, has informed that pursuant to interim directions issued by this Court, the petitioner has since joined investigation and is not required for any custodial interrogation.

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In view of the aforestated position, wherein the petitioner, who is a lady, is stated to have joined investigation and is not even stated to required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated 24.5.2021 are hereby made absolute, subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.

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27.9.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No

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PANKAJ KAKKAR 2021.09.27 18:48 I attest to the accuracy and integrity of this document

Simranjeet Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

Simranjeet Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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