Manjit Kaur Dhaliwal @ Manjit Kaur vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner-Manjit Kaur Dhaliwal @ Manjit Kaur wife of Rajinder Singh Dhaliwal alias Jugraj Singh, has applied for anticipatory bail in a case registered against her along with his son and main accused Raghubir Singh and husband Rajinder Singh Dhaliwal, vide FIR No. 617 dated 25.8.2009, on accusation of having committed the offence punishable under Sections 465, 466, 468, 471, 474, 193, 196 and 198 IPC, by the police of Police Station Kotwali, District Bhatinda, invoking the provisions of Section 438 Cr.P.C. Notice of the petition was issued to the State.

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

The prosecution claimed that main accused Raghubir Singh (son of the petitioner) has committed rape on the grand daughter of complainant Baldev Singh. He and her husband prepared the false birth certificate and attendance certificate with the connivance of the petitioner. No other specific role or overt act is attributed to her. She appears to have been implicated in this case only on the ground that she is mother of main accused Raghubir Singh.

Moreover, during the course of preliminary hearing, a Co-ordinate Bench of this Court (Vijender Singh Malik, J.), has passed the following order on 15.5.2013:-

Learned counsel for the petitioner submits that the petitioner is the mother of Raghubir Singh. According to him, as per the FIR, there is no allegation against the petitioner. He further submits that even in the Inquiry report, it is mentioned that the present petitioner has connived with Rajinder Singh and Major Singh to file a forged document.

Notice of motion for 22.7.2013.

In the meanwhile, the petitioner is directed to join the investigation and if she is sought to be arrested, she shall be released on bail to the satisfaction of the arresting/investigating officer subject to the conditions laid down in Section 438 sub section 2 clauses (i) (ii) and (iii) of the Code of Criminal Procedure.

At the very outset, on instructions from ASI Anil Pawar, learned State counsel has acknowledged the factual matrix and submitted that the petitioner has 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. Even since the prosecution has not yet submitted the final police report (challan) against the accused, so, the final 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 this Court by virtue of order dated 15.05.2013, 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 respect.