High CourtsSingle Bench

Rani @ Kulwinder Kaur vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 21 February 2012 · Citation: (2012) 02 P&H CK 0127

HON’BLE JUDGES
Rajan Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 319
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M-34338 of 2011
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Judgment

6 paragraphs · 228 words

Rajan Gupta, J.—Learned counsel for the petitioner contends that petitioner was declared innocent during investigation. She has been summoned now u/s 319 Cr. P.C. on the basis of statement of complainant. Only role attributed to her is that she caught hold of the deceased while co-accused inflicted injuries. He submits that petitioner is ready to surrender before the investigating agency and face trial. According to him, she also does not intend to pose a serious challenge to the order summoning her.

2.

Notice of motion.

3.

On the asking of court, Mr. Shilesh Gupta, Additional Advocate General, Punjab accepts notice. He has addressed the court, on instructions from ASI Charan Singh, who is present in court.

4.

Heard.

5.

It is evident that petitioner was exonerated by the police. However, complainant stepped into the witness box and reiterated the version given by him earlier. He alleged that petitioner caught hold of the deceased while co-accused inflicted injuries. Similar allegation was made by another witness Kabil Singh.

6.

In view of the fact that petitioner is ready to surrender before the trial court and face trial, this court is inclined to accept the prayer for anticipatory bail. Accordingly, this petition is allowed and it is directed that in case petitioner surrenders before the court below within ten days from today, she shall be admitted to bail to its satisfaction.