Sheela Devi alias Shanti vs State of Punjab

H.S. Grewal, J.(Oral)

The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 Cr.P.C.) seeking grant of anticipatory bail to the petitioner in case FIR No.11 dated 24.01.2025 registered under Sections 333 and 109 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 452 and 307 IPC) at Police Station Tibba, District Ludhiana as the petitioner apprehends her arrest pursuant to the summoning order passed under Section 319 Cr.P.C. (corresponding to Section 358 BNSS), whereby she has been summoned as an additional accused to face trial.

The case of the prosecution is that on 24.01.2025, the complainant alleged that co-accused Niranjan Kumar @ Chotu entered her house on the pretext of taking his charger and attacked her with a pair of scissors. It was further alleged that the present petitioner and another co-accused, Ram, also entered the house, whereupon the petitioner allegedly caught hold of the complainant, sat upon her and snatched her gold chain, while Ram assaulted the complainant's son. On the basis of these allegations, the present FIR came to be registered. During investigation, however, the CCTV footage was examined and only one person was seen running out of the house. No evidence substantiating the petitioner's alleged role or the allegation of snatching the gold chain was found. Consequently, the petitioner was found innocent and the police presented the challan only against co-accused Niranjan Kumar @ Chotu.

Learned counsel for the petitioner contends that although the petitioner was named in the FIR, she was found innocent during investigation as the CCTV footage did not depict her presence at the spot and no material was found to substantiate the role attributed to her. The investigating agency, therefore, exonerated the petitioner and did not present the challan against her. It is further submitted that during trial, on the basis of the examination-in-chief of the complainant (PW-1), an application under Section 319 Cr.P.C. (corresponding to Section 358 BNSS) was allowed and the petitioner has been summoned as an additional accused. It is argued that the summoning order is non-speaking, no strong or cogent evidence has surfaced against the petitioner warranting her conviction, nothing remains to be recovered from her and she is ready and willing to join the proceedings.

Notice of motion.

On the asking of the Court, Mr. P.S. Pandher, AAG, Punjab accepts notice on behalf of the respondent-State and opposes the prayer for grant of anticipatory bail to the petitioner.

I have heard learned counsel for the parties and have perused the paper-book.

It is not in dispute that although the petitioner was named in the FIR, she was found innocent during the course of investigation and was not sent up to face trial. The petitioner has now been summoned as an additional accused under Section 319 Cr.P.C. (corresponding to Section 358 BNSS) on the basis of the statement of the complainant recorded during trial. The merits of the summoning order are not under challenge before this Court and, therefore, are not being examined in the present proceedings. Keeping in view the fact that the petitioner was not arrested during investigation, no recovery is to be effected from her, the challan has already been presented and she has been summoned subsequently by the trial Court, this Court is of the considered opinion that no useful purpose would be served by directing her to undergo custodial interrogation. Her presence before the trial Court can adequately be secured by imposing appropriate conditions.

Consequently, without expressing any opinion on the merits of the case, the present petition is disposed of with a direction that the petitioner shall surrender before the learned trial Court/Duty Magistrate within 10 days from today. On her doing so, she shall be released on bail on furnishing adequate bail and surety bonds to the satisfaction of the concerned Court, subject to the conditions as envisaged under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and further subject to her appearing before the trial Court on each and every date fixed, unless exempted in accordance with law.

Pending miscellaneous application(s), if any, shall also stand disposed of.