Shamsher Kaur vs State of Punjab

Ram Chand Gupta, J.—The present petition filed u/s 438 Code of Criminal Procedure is for grant of anticipatory bail to the Petitioner in FIR No. 117, dated 20.9.2010, registered under Sections 363, 366A, 120B IPC, at Police Station Julkan, District Patiala.

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

A coordinate Bench of this Court while issuing notice of motion on 6.10.2010, passed the following order:

Petitioner is a lady. She apprehends arrest in a case registered at the instance of Harvinder Kaur alleging that her daughter Gurpal Kaur has been kidnapped by Mandeep Singh, who happens to be son of the Petitioner.

Notice of motion for 16.11.2010.

Meanwhile, an interim direction is issued that the Petitioner will join the investigation on 23.10.2010, between 10.00 AM to 4.00 PM. However, in case of Petitioner doing so, she shall be released on interim bail to the satisfaction of the Arresting Officer.

It has been stated by learned Counsel for the Petitioner that pursuant to the said order, the Petitioner has already joined the investigation. It is also contended that son of Petitioner and daughter of complainant -Gurpal Kaur have already married and living together and they have also filed Crl. M. No. M-31581 of 2010 in this Court in which vide order dated 27.10.2010, further proceedings qua Petitioner and co-accused Mandeep Singh have also been stayed.

It has been stated by learned State counsel as well that the Petitioner has joined the investigation and that she is no more required for any custodial interrogation by the police.

There are no allegations on behalf of the State that Petitioner is likely to abscond or that she is 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 6.10.2010, granting interim bail to Petitioner-Shamsher Kaur, is, hereby made absolute subject to the compliance of conditions contained in Section 438(2) Code of Criminal Procedure .

The present petition stands disposed of accordingly.