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Punjab-Haryana High Court

Gian Kaur vs State Of Punjab on 23 July, 2012

Author: Rameshwar Singh Malik

Bench: Rameshwar Singh Malik

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                  CHANDIGARH

                           Criminal Misc. No. M-19734 of 2009 (O&M)
                           Date of Decision: 23.7.2012
Gian Kaur

                                    .....Petitioner.

                        Versus

State of Punjab

                                    .....Respondent.

CORAM:      HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

Present:    Mr. D.S.Sandhu, Advocate
            for the petitioner.

            Mr. Deepak Balyan, Additional A.G., Punjab.

                  ***

RAMESHWAR SINGH MALIK J.(ORAL):

The petitioner has approached this Court, by way of instant petition, under Section 482 Cr.P.C. invoking its inherent jurisdiction for quashing of FIR No. 35 dated 3.4.1999, under Sections 406, 498-A, 506 IPC, registered at Police Station Lohian.

Learned counsel for the petitioner, at the very outset, fairly states that petitioner is a proclaimed offender. In this view of the matter, he does not intend to press this petition in the present form, at this stage. Instead, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to the petitioner to surrender before the learned trial court.

Learned counsel for the petitioner further submits that learned trial court may be directed to consider the application for bail on behalf of the petitioner sympathetically as the petitioner is more than 80 years of age.

Having heard the learned counsel for the parties and after going through the record of the case, this Court is of the considered opinion that ends of justice would be adequately met, in case the learned trial court is directed to consider the prayer for bail made on behalf of the petitioner, if she surrenders before the learned trial court within one month from today.

In view of the above and to secure the ends of justice, the learned trial court is directed to consider the prayer for bail made on behalf of the petitioner, dispassionately and expeditiously, in case she surrenders before the learned trial court within one month from today. The learned trial court may consider the age of the petitioner while considering her prayer for bail and also the fact that her other co-accused have also been acquitted by the learned trial court.

With the observations made above, the instant petition stands disposed of.

(RAMESHWAR SINGH MALIK) JUDGE 23.7.2012 AK Sharma