Harbhajan Kaur vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner-Harbhajan Kaur wife of Sukhwinder Singh, unfortunate mother-in-law of complainant-Jaspreet Kaur, has directed the instant petition for the grant of anticipatory bail in a case registered against her along with her husband Sukhwinder Singh and son & main co-accused Amandeep Singh, vide FIR No. 24 dated 07.03.2014, on accusation of having committed the offences punishable under Sections 406 and 498A IPC, by the police of Police Station Women Cell, Ludhiana.

Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration of the entire matter, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.

During the course of preliminary hearing, the following order was passed by this Court on 14.05.2014:-

Learned counsel, inter alia, contended that the marriage of complainant Jaspreet Kaur was solemnized with Amandeep Singh, son of the petitioner on 15.01.2012, according to Hindu rites and ceremonies. The argument is that since Jaspreet Kaur had love affair with one Navneet and she intended to marry him, so, her marriage was solemnized with Amandeep Singh against her wish by her parents. Consequently, she was unhappy with the marriage and tried to commit suicide and had written suicide note(Annexure P-2). The complainant has lodged a false criminal case against the petitioner in order to wreak vengeance and as a counter blast of petition(Annexure P-3) u/s 9 of Hindu Marriage Act for restitution of conjugal rights filed by Amandeep Singh, son of the petitioner.

The argument further proceeds that otherwise also, very general and vague allegations of cruelty in connection with and on account of demand of dowry are assigned to the petitioner (mother-in-law). Heard.

Notice of motion be issued to the respondent, returnable for 27.05.2014.

Meanwhile, the petitioner is directed to join the investigation before the next date of hearing. In the event of her arrest, the Arresting Officer would admit her to bail on her furnishing adequate bail and surety bonds in the sum of Rs. 25,000/- to his satisfaction.

At the very outset, on instructions from ASI Sukhdev Singh, learned State Counsel has acknowledged the factual matrix and submitted that the petitioner has already joined the investigation. She is no longer required for further interrogation, at this stage. There is no history of her previous involvement in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. Since, even the prosecution has not yet submitted the final police report(challan) against the accused, so, the conclusion of trial will naturally take a long time.

In the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioner by virtue of order dated 14.05.2014 by this Court, is hereby made absolute, subject to the compliance of the conditions, as contemplated u/s 438(2) Cr.P.C.

Needless to mention that, in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of her bail in this Court, in this respect.