Punjab-Haryana High Court
Sunita Walia vs State Of Punjab on 17 April, 2018
Author: Jaishree Thakur
Bench: Jaishree Thakur
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-8950-2018
Date of decision: 17.04.2018
Sunita Walia
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. Ravi Kamal Gupta, Advocate,
for the petitioner.
Mr. A.S. Sandhu, Addl. Advocate General, Punjab.
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JAISHREE THAKUR, J. (ORAL)
This is a petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 62 dated 20.07.2016 under Sections 354/ 363/ 366/ 376/ 420/ 465/ 468/ 511 and 120- B IPC and Section 25/27 of the Arms Act, registered at Police Station Sarabha Nagar, Ludhiana City.
This Court was pleased to pass the following order on 08.03.2018 :-
"Heard.
Learned counsel for the petitioner inter alia contends that the petitioner herein is 72 years old. A reading of the FIR would show that no role for the commission of offence under Section 376 of Indian Penal Code along with other sections as mentioned in the FIR, can be attributed to her. It is submitted that no recoveries are to be made from the petitioner and she is ready to join the investigation.
Notice of motion for 17.04.2018.
Meanwhile, the petitioner is directed to join the investigation within a period of one week and on her doing so, the 1 of 2 ::: Downloaded on - 13-05-2018 00:30:28 ::: CRM-M-8950-2018 -2- petitioner be released on interim bail subject to her furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall continue to join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C."
Learned counsel for the petitioner submits that the petitioner has joined the investigation.
Learned counsel for the respondent-State confirms the factum of joining investigation by the petitioner.
Since the petitioner has joined the investigation, the petition is allowed and interim order dated 08.03.2018 is hereby made absolute subject to the condition that the petitioner will not tamper with evidence or hamper the investigation; will not leave India without permission of the Court and will comply with the conditions contained in Section 438(2) Cr.P.C. However, while confirming this bail, it is made clear that the petitioner herein will deposit her passport with the Investigating Officer and in case she does not have, she will furnish an affidavit to that effect.
17.04.2018 (JAISHREE THAKUR)
Satyawan JUDGE
Whether speaking/reasoned Yes.
Whether reportable No.
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