Asha Rani vs State of Punjab

Ram Chand Gupta, J.—The present petition filed u/s 438 Code of Criminal Procedure is for grant of anticipatory bail to the Petitioner in FIR No. 112, dated 10.5.2010, registered under Sections 363, 366, 380, 120B IPC, at Police Station City Gurdaspur, District Gurdaspur.

I have heard learned Counsel for the parties and have gone through the whole record carefully.

A coordinate Bench of this Court passed the following order on 7.9.2010:

Learned State counsel submits that the Petitioner is required for the purpose of investigation and she may be directed to join the investigation forthwith.

Under the circumstances, it is directed that the Petitioner shall join investigation forthwith. However, meanwhile, in the event of her arrest, the Petitioner shall be released on bail to the satisfaction of Arresting/Investigating Officer subject to the following conditions:

i. She shall make herself available for interrogation by a police officer as and when required;

ii. She shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

iii. She shall not leave India without the previous permission of the Court.

Adjourned to 6.10.2010.

It has been stated by learned Counsel for the Petitioner that pursuant to the said order, the Petitioner has already joined the investigation.

It has been stated by learned State counsel as well that the Petitioner has joined the investigation and that she is no more required for any custodial interrogation by the police.

There are no allegations on behalf of the State that Petitioner is likely to abscond or that she is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

In view of these facts and without expressing any opinion on the merits of the case, order dated 7.9.2010, granting interim bail to Petitioner-Asha Rani, is, hereby made absolute subject to the compliance of conditions contained in Section 438(2) Code of Criminal Procedure

The present petition stands disposed of accordingly.