High CourtsSingle Bench

Sardaro vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 6 February 2012 · Citation: (2012) 02 P&H CK 0146

HON’BLE JUDGES
Kanwaljit Singh Ahluwalia, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 173, 438, 438(2) · Penal Code, 1860 (IPC) — Section 406, 498A
CASE NUMBER
Criminal Miscellaneous No. M-2019 of 2012 (O and M)
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Judgment

7 paragraphs · 302 words

Kanwaljit Singh Ahluwalia, J.—This Court, on January 20, 2012, had passed the following order:

The present petition has been filed u/s 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case arising out of FIR No. 104 dated 30.10.2011, registered at Police Station Sohana, District Mohali, under Sections 406 and 498-A IPC.

It is a case of matrimonial dispute. Petitioner is stated to be a mother-in-law of the complainant, who is an old lady.

Issue notice of motion to Advocate General, Punjab, for 6.2.2012.

Meanwhile, in the event of arrest, the petitioner shall be admitted to interim bail on her furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall, however, join the investigation as and when called for and she will also abide by the conditions as specified u/s 438(2) Cr.P.C.

2.

Counsel for the State, on instructions from Nikka Ram ASI, Police Station Sohana, District Mohali, states that the petitioner has joined the investigation and is no longer required for custodial interrogation by the investigating agency.

3.

For the reasons stated in order dated January 20, 2012 and in view of the statement made by Counsel for the State, the present petition is accepted. The order dated January 20, 2012, granting interim pre-arrest bail to the petitioner, is hereby affirmed and it is ordered that in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting/investigating officer. However, she shall continue to appear before the investigating agency as and when called-for till filing of a report u/s 173 Cr.P.C. She shall also abide by the conditions specified u/s 438 (2) Cr.P.C. On submission of the report u/s 173 Cr.P.C., the petitioner shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.