Karamjit Kaur vs State of Punjab

Ram Chand Gupta, J.—This order will dispose of all the aforementioned petitions bearing Crl. M. Nos. M-17911, 18443 and 21767 of 2011, filed by petitioners u/s 438 Cr. P.C. for grant of anticipatory bail to them in case FIR No. 40, dated 16.5.2011, under Sections 364, 323, 148, 149 IPC, registered at Police Station Maqsudan, District Jallandhar.

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

Coordinate Bench of this Court while issuing notice of motion in Crl. M. No. M-17911 of 2011 on 3.6.2011 passed the following order:

It is, inter alia, contended that that it is a case of cross-version as the petitioner has also received injuries at the hands of the other party.

Notice of motion for 14.9.2011.

Meanwhile, the petitioner is directed to surrender before the Investigating Officer and join the investigation. However, in the event of her arrest, she shall be admitted to interim bail on her furnishing bail bonds to the satisfaction of the Investigating Officer. The petitioner shall abide by the conditions as enshrined in Section 438(2) Cr. P.C.

Another Coordinate Bench of this Court while issuing notice of motion in Crl. M. No. M-18643 of 2011 on 13.6.2011 passed the following order:

CRM 33026 of 2011

Allowed, as prayed for.

Crl. Misc. M-18643 of 2011

Learned counsel inter -alia contends that it is a case of version and cross-version. Moreover, only one injury was attributed to Karamjit Kaur, co-accused of the petitioners, who has since been granted interim anticipatory bail vide order dated 3.6.2011.

Notice of motion to Advocate General, Punjab, for 14.9.2011.

To be heard alongwith Criminal Misc. No. M-17911 of 2011.

In the meantime, the petitioners shall appear before the Investigating Officer on 21.6.2011 at 11.00 a.m. for joining the investigation. In the event of their arrest, they be admitted to interim bail to the satisfaction of arresting/Investigating Officer.

They shall also abide by the conditions as envisaged u/s 438(2) Cr. P.C.

The following order was passed in Crl. M. No. M- 21767 of 2011 on 2.8.2011 by another Coordinate Bench of this Court:-

Learned counsel for the petitioner submitted that the main accused, to whom the injury has been attributed, is Karamjit Kaur. She has been granted the benefit of pre-arrest bail by this court in Criminal Misc. No. M- 17911 of 2011. The only allegation against the petitioner in the FIR is that he was carrying a rope. Except this, there is nothing against him. He further submitted that other seven accused in the FIR have also been granted benefit of pre-arrest bail in Criminal Misc. No. M- 18643 of 2011. The next date of hearing is 14.9.2011.

Considering the aforesaid facts, let the petitioner also join investigation and appear before the Investigating Officer on 11.8.2011 at 10.00 AM. In case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr. P.C.

Adjourned to 14.9.2011.

It has been stated by both the learned counsel for the petitioners that pursuant to aforesaid orders, the petitioners have already joined the investigation.

It has been stated by learned State counsel as well that the petitioners have joined the investigation. She has further stated that even offence u/s 364 IPC has since been deleted and hence, petitioners are no more required for any custodial interrogation by the police.

There are no allegations on behalf of the State that petitioners are likely to abscond or that they are 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 3.6.2011 passed in Crl. M. No. M- 17911 of 2011, granting interim bail to petitioner-Karamjit Kaur, order dated 13.6.2011 passed in Crl. M. No. M- 18643 of 2011 granting interim bail to petitioners-Raj Kumar, Davinder Kumar alias Tota, Sat Pal tailor, Bhajan Lal, Surinder Mohan Singh alias Bobby, Major Kumar, Madan lal alias Bittu, and order dated 2.8.2011 passed in Crl. M. No. M- 21767 of 2011, granting interim bail to petitioner-Monu @ Mangal Singh are, hereby made absolute subject to the compliance of conditions contained in Section 438(2) Cr. P.C.

All the present petitions stand disposed of accordingly.