Punjab-Haryana High Court
Balwinder Kaur vs State Of Punjab on 1 March, 2021
Equivalent citations: AIRONLINE 2021 P AND H 905
Author: Arvind Singh Sangwan
Bench: Arvind Singh Sangwan
In virtual Court
CRM-M-3729-2021 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-3729-2021 (O&M)
Date of decision: 01.03.2021
Balwinder Kaur
... Petitioner
Vs.
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. K.S. Saini, Advocate
for the petitioner.
Mr. Joginder Pal Ratra, DAG, Punjab.
*******
ARVIND SINGH SANGWAN, J. (ORAL)
Prayer in this petition is for grant of anticipatory bail in DDR No.35 dated 29.09.2020 under Sections 323, 324, 148, 149 IPC and Section 326 IPC (added later on), registered at Police Station Sadar Ropar, District Ropar, in FIR No.167 dated 29.09.2020 under Sections 323, 324, 34 IPC and Section 326 IPC (added later on), registered at Police Station Sadar Rupnagar.
While granting interim anticipatory bail to the petitioner, following order was passed by this Court on 28.01.2021: -
"...Learned counsel for petitioner inter alia contends that allegations levelled in the FIR are totally concocted, false and frivolous and there is no iota of truth therein. He further urges that 1 of 3 ::: Downloaded on - 01-03-2021 21:21:24 ::: In virtual Court CRM-M-3729-2021 -2- it is a case of version and cross-version wherein both the parties have sustained multiple injuries. He further urges that fight occurred due to sudden provocation on account of digging of watercourse in the agricultural land. He further urges that allegedly petitioner gave beatings by wooden stick on the person of injured-Harswaraj Singh, whereas allegedly grievous injury either on the head or right hand by means of sharp-edged weapon (Barcha) on the person of injured-Harswaraj Singh, has been attributed to co-accused Jaswant Singh. He further urges that co- accused namely Baljinder Kaur, Sukhwinder Singh and Lakhvir Singh have already been granted concession of pre-arrest bail by this Court, vide orders dated 18.11.2020, 16.12.2020 and 07.01.2021 respectively. He further urges that it is yet to be decided during the course of trial as to which party was the aggressor one. He further urges that petitioner is ready to join investigation as and when called upon to do so by the Investigating Agency.
Notice of motion.
At the asking of Court, Mr. Mehardeep Singh, Addl. A.G., Punjab, accepts notice on behalf of respondent-State and seeks time to furnish detailed reply. Complete copy of paperbook be supplied to him during the course of the day..."
Learned counsel for the petitioner submits that in pursuance of the aforesaid order, the petitioner has joined the investigation and is not required 2 of 3 ::: Downloaded on - 01-03-2021 21:21:25 ::: In virtual Court CRM-M-3729-2021 -3- for any further investigation.
Learned State counsel, on instructions from ASI Makhan Singh, has not disputed the factual position and states that the petitioner is no more required for any further investigation.
In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 28.01.2021 is made absolute subject to the conditions envisaged under Section 438 (2) Cr.P.C.
[ ARVIND SINGH SANGWAN ]
01.03.2021 JUDGE
vishnu
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
3 of 3
::: Downloaded on - 01-03-2021 21:21:25 :::