Please Log in / Register to access the full text of this judgment and the entire database
(2020) Law Today Live Doc. Id. 15515 = 2020 L.A.R. (e-Suppl.) 1475
Decided on: 16.10.2020
Alongwith
CRM-M-33276-2020, Usha Rani v. State of Punjab
Present:
Mr. H.K. Brinda, Advocate for the petitioner(s).
(through video conferencing).
Indian Penal Code, 1860 (45 of 1860), 323, 325, 341, 452, 458, 459, 506, 148, 149 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Injuries are attributed to the other accused -- Concession of anticipatory bail granted to the petitioners for the reason that they are ladies and they have not been attributed any injury on the vital part of the two victims – Petition allowed.
(Para 7)
***
ARVIND SINGH SANGWAN, J. (ORAL) –
1. Prayer in these petition is for issuance of direction to the police of Police Station Nurpur Bedi to admit the petitioner(s) to bail in the event of their arrest in FIR No.177 dated 11.9.2020 under Sections 323/341/452/506/148/149 IPC (Sections 325/458/459 IPC added later on).
2. Counsel for the petitioner(s) submits that as per the allegations in the FIR, petitioner-Santosh Kumari is attributed an injury on the left thigh of victim-Harkishan Singh, whereas petitioner-Usha Rani gave a danda blow on the left leg of Jagir Singh.
3. Counsel for the petitioner(s) further submits that both the petitioner(s) are ladies and have not attributed any grievous injuries to the victims.
4. Notice of motion.
5. Mr. Joginder Pal Ratra, DAG, Punjab, accepts notice on behalf of the respondent
6. The learned State counsel does not dispute the factual position as per the allegations in the FIR. However, he submits that the injuries are attributed to the other accused.
7. After hearing the counsel for the parties, I deem it appropriate to grant the concession of anticipatory bail to the petitioner(s) for the reason that they are ladies and they have not been attributed any injury on the vital part of the two victims, namely, Harkishan and Jagir Singh.
8. Accordingly, these petitions are allowed and the petitioner(s) are the granted anticipatory bail, subject to the conditions as provided under Section 438 (2) Cr.P.C. It will be open to the Investigating Officer to serve a notice in writing to call petitioner(s) to join the investigation.
Petitions allowed.
********