Jasvir Kaur vs State Of Punjab

Raj Mohan Singh, J

The case has been taken up for hearing through video conferencing.

Petitioner seeks grant of anticipatory bail in case bearing FIR No.61 dated 10.07.2019 registered under Sections 452, 323, 506, 148, 149 of the Indian

Penal Code, 1860 (Section 302 IPC added later on) at Police Station Ghal Khurd, District Ferozepur.

The petitioner is a lady. Initially, the FIR was registered for the offences under Sections 452, 323, 506, 148, 149 of the Indian Penal Code against

Lovepreet Singh, Pippal Singh, Sukhwinder Singh, Jasvir Kaur (present petitioner) and Kiranjeet Singh, on the statement of Dalbir Singh-complainant.

As per the allegations, the petitioner was shown armed with daang at the spot but no overt act was attributed to the petitioner in the occurrence dated

09.07.2019.

According to the prosecution, Lovepreet Singh was armed with gandasa, Kiranjeet Singh was empty handed whereas Pippal Singh and Sukhwinder

Singh were armed with daang. All the accused made forcible entry in the house of the complainant and thereafter Kiranjeet Singh caught father of the

complainant namely Harbans Singh. Lovepreet Singh inflicted gandasa blow at the backside of the head of Harbans Singh, Pippal Singh inflicted the

daang blow on the left hand and little finger of left hand of Harbans Singh. Harbans Singh (father of the complainant), made hue and cry. The

complainant and his mother tried to save Harbans Singh from the clutches of the accused, then Sukhwinder Singh inflicted a daang blow on the left

wrist and on right elbow of the complainant. Thereafter, all the assailants ran away from the spot. Harbans Singh died on 11.07.2019 and offence

under Section 302 IPC was added vide DDR No.11 dated 11.07.2019.

The factual position of the case is not in dispute. No specific overt act has been attributed to the petitioner except to show her presence at the spot

alongwith daang.

Learned State Counsel on instructions from ASI Harpal Singh, submits that the warrants of arrest have been issued against the petitioner and the

petitioner has not been declared as Proclaimed Offender so far.

Looking to the aforesaid circumstances, I am of the view that the petitioner has made out a case for the grant of anticipatory bail. The petition is

allowed. Petitioner is directed to appear before the SHO/Investigating Officer to join investigation on 07.03.2021 and in the event of her arrest, she

shall be released on anticipatory bail on her furnishing bail bonds to the satisfaction of SHO/Investigating Agency subject to the following conditions as

envisaged under Section 438(2) Cr.P.C:-

i) that the petitioner shall make herself available for interrogation before the Investigating Officer as and when required;

ii) that the petitioner 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/her from disclosing such facts to the Court or to any police officer;

iii) that the petitioner shall not leave the country, without prior permission of the Court and shall surrender her passport, if any.