Punjab-Haryana High Court
Lakhwinder Kaur And Others vs State Of Punjab on 20 August, 2020
Author: Mahabir Singh Sindhu
Bench: Mahabir Singh Sindhu
202 (1st case)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.18627 of 2020 (O&M)
Date of Decision: 20.08.2020
Lakhwinder Kaur and others
......... Petitioners
Versus
State of Punjab
......... Respondent
CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU
Present:- Mr. H.S.Dhindsa, Advocate for the petitioners.
Mr. Rana Harjasdeep Singh, DAG, Punjab for the respondent.
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MAHABIR SINGH SINDHU, J. (Oral)
Present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioners in cross-version, recorded vide G.D. No.19 dated 13.09.2018 (P-2), under Sections 323, 324, 506, 148, 149 of the Indian Penal Code, 1860 (for short 'IPC') [Section 326, IPC added after two months] in FIR No.118 dated 13.09.2018, under Sections 323, 324, 506, 148, 149, IPC, registered at Police Station Jodhan, District Ludhiana.
This Court, while issuing notice of motion on 14.07.2020, passed the following order:-
" Inter-alia contends that FIR No. 118 was registered by the husband of petitioner No.1 against the complainant side on 13.09.2018 under Sections 323, 324, 342, 506, 148, 149 IPC regarding the same very occurrence, but now the petitioner has been arrayed as an accused in cross-version bearing DDR No. 019, dated 13.09.2018, registered at Police Station Jodhan, District Ludhiana Rural, as a counter-blast.
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In the meanwhile, the petitioners are directed to join the investigation before the Investigating Officer. In the event of their arrest, the Arresting Officer would admit them to interim bail till the next date of hearing on their furnishing adequate bail and surety bonds to his satisfaction. The petitioners are also directed to abide by all the conditions as envisaged under Section 438(2) Cr.P.C. "
Contends that in terms of the above order, petitioners have joined the investigation.
Learned State Counsel, on instructions from A.S.I. Hakam Singh, has acknowledged that in terms of order dated 14.07.2020, petitioners have joined the investigation and their custodial interrogation is not required.
In view of above, interim order dated 14.07.2020 is made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C.
It is also made clear that petitioners shall fully co-operate with the Investigating Officer as and when called for further investigation.
Disposed off accordingly.
August 20, 2020 ( MAHABIR SINGH SINDHU )
Gagan JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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