Baljit Kaur Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1070238
CourtPunjab and Haryana High Court
Decided OnMar-07-2013
AppellantBaljit Kaur
RespondentState of Punjab
Excerpt:
criminal misc. not m-1960 of 2013 ...1.in the high court of punjab and haryana at chandigarh criminal misc. not m-1960 of 2013 date of decision:07. h march, 2013 baljit kaur ...petitioner versus state of punjab ...respondent coram: hon'ble mr.justice naresh kumar sanghi present: none for the petitioner. asi manjit singh, police station, rureke kalan, district barnala, for the respondent-state. *** naresh kumar sanghi, j. prayer in this petition, filed under section 438, cr.p.c., is for grant of anticipatory bail to petitioner-baljit kaur, who has been summoned in terms of section 319, cr.p.c., for the offences punishable under sections 354, 376 and 506 read with section 34, ipc. from the pleadings it transpires that during the investigation, the petitioner was found innocent. the charge- sheet (report under section 173, cr.p.c.) was presented for prosecution of sewak siingh only. asi manjit singh submits that the petitioner has been declared as proclaimed offender since she failed to appear before the learned trial court in compliance of the order dated criminal misc. not m-1960 of 2013 ...2.06.11.2012. he has placed on record the photocopy of the judgment dated 22.02.2013 passed by the learned additional sessions judge, barnala, whereby the principal accused, sewak sinigh, was held guilty for the offences punishable under sections 354 and 506, ipc, only. heard. the main accused, sewak singh, has been acquitted by the learned trial court for the offence punishable under section 376, ipc. during the investigation, the petitioner was found innocent by the investigating agency. not she has been summoned by virtue of section 319, cr.p.c., to face trial. keeping in view the totality of the facts and circumstances of the case, the present petition for grant of anticipatory bail to the petitioner, is accepted. on her appearance before the learned trial court within 15 days of passing of this order, she would be admitted to bail subject to her furnishing bail bonds to its satisfaction. she would continue to appear before the learned trial court on each and every date of hearing. (naresh kumar sanghi) march 07, 2013 judge seema
Judgment:

Criminal Misc.

not M-1960 of 2013 ...1.IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.

not M-1960 of 2013 Date of Decision:

07. h March, 2013 Baljit Kaur ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE Mr.JUSTICE NARESH KUMAR SANGHI Present: None for the petitioner.

ASI Manjit Singh, Police Station, Rureke Kalan, District Barnala, for the respondent-State.

*** Naresh Kumar Sanghi, J.

Prayer in this petition, filed under Section 438, Cr.P.C., is for grant of anticipatory bail to petitioner-Baljit Kaur, who has been summoned in terms of Section 319, Cr.P.C., for the offences punishable under Sections 354, 376 and 506 read with Section 34, IPC.

From the pleadings it transpires that during the investigation, the petitioner was found innocent.

The charge- sheet (report under Section 173, Cr.P.C.) was presented for prosecution of Sewak Siingh only.

ASI Manjit Singh submits that the petitioner has been declared as proclaimed offender since she failed to appear before the learned trial court in compliance of the order dated Criminal Misc.

not M-1960 of 2013 ...2.06.11.2012.

He has placed on record the photocopy of the judgment dated 22.02.2013 passed by the learned Additional Sessions Judge, Barnala, whereby the principal accused, Sewak Sinigh, was held guilty for the offences punishable under Sections 354 and 506, IPC, only.

Heard.

The main accused, Sewak Singh, has been acquitted by the learned trial court for the offence punishable under Section 376, IPC.

During the investigation, the petitioner was found innocent by the Investigating Agency.

not she has been summoned by virtue of Section 319, Cr.P.C., to face trial.

Keeping in view the totality of the facts and circumstances of the case, the present petition for grant of anticipatory bail to the petitioner, is accepted.

On her appearance before the learned trial court within 15 days of passing of this order, she would be admitted to bail subject to her furnishing bail bonds to its satisfaction.

She would continue to appear before the learned trial court on each and every date of hearing.

(NARESH KUMAR SANGHI) March 07, 2013 JUDGE seema