Simran Kaur and Others vs State of Punjab

Mehinder Singh Sullar, J.—Petitioners-Simran Kaur wife of Tarlok Singh and others, have preferred the instant petition for the grant of anticipatory bail in a case registered against them along with their other co-accused, vide FIR No. 121 dated 18.04.2014, for the commission of offences punishable under Sections 452, 323, 324, 148, 149 and 427 IPC, by the police of Police Station City Sangrur.

Notice of the petition was issued to the State.

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

During the course of preliminary hearing, the following order was passed by this Court on 14.05.2014:-

Learned counsel, inter alia, contended that petitioner Nos. 1 & 2 are pardanasheen and household ladies and have minor children, whereas, petitioner No. 3 is an old lady of about 70 years of age. They have been falsely implicated in this case by the complainant on account of previous enmity with regard to common street and in order to wreak vengeance. The argument is that even petitioners were stated to be empty handed. Neither any specific role nor any particular injuries are attributed to them. All the allegations of causing injuries are assigned to Janak Singh, Binder Singh and Gian Singh, co-accused(non-petitioner), who were arrested, interrogated by the police and were released on regular bail by the trial Court. Moreover, nothing is to be recovered from them.

Heard.

Notice of motion be issued to the respondent, returnable for 27.05.2014.

Meanwhile, the petitioners are directed to join the investigation before the next date of hearing. In the event of their arrest, the Arresting Officer would admit them to bail on their furnishing adequate bail and surety bonds in the sum of Rs. 25,000/- each to his satisfaction.

At the very outset, on instructions from HC Jagtar Singh, learned State Counsel has acknowledged the factual matrix and submitted that the petitioners have already joined the investigation. They are no longer required for further interrogation, at this stage. There is no history of their previous involvement in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. Since, even the prosecution has not yet submitted the final police report(challan) against the accused, so, the 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 petitioners by way of order dated 14.05.2014 by this Court, 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 petitioners do not cooperate or join the investigation, the prosecution would be at liberty to move a petition for cancellation of their bail in this Court, in this respect.