High CourtsSingle Bench(2010) 11 P&H CK 0305

Sapna and Tarsem Lal vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 16 November 2010

HON’BLE JUDGES
Ram Chand Gupta, J
CASE NUMBER
Criminal M. No. M-29132 of 2010 (O and M)

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Judgment

22 paragraphs · 479 words

Ram Chand Gupta, J.—This order will dispose of both the aforementioned petitions bearing Crl.M. Nos. M-29132 and 29257 of 2010, filed by the petitioners u/s 438 Code of Criminal Procedure for grant of anticipatory bail to them in case FIR No. 108/2010, dated 15.6.2010, u/s 366A IPC read with Section 5 of Immoral Traffic Act, 1956 (SIT Act Renamed), registered at Police Station Chhehratta, Amritsar.

2.

I have heard learned Counsel for the parties and have gone through the whole record carefully.

3.

This Court passed the following order in Crl.M. No. M-29132 of 2010, on 8.10.2010:-

It has been stated by learned State counsel that petitioner be directed to join the investigation.

Hence, petitioner is directed to join the investigation on 15.10.2010 at 10.00 a.m. and thereafter as and when directed by the Investigating Officer and in case she is arrested, she shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified u/s 438(2) Cr.P.C.

4.

This Court while issuing notice of motion in Crl.M. No. M 29257 of 2010, passed the following order on 8.10.2010:-

Crl.M. No. 52280 of 2010

Application is allowed subject to all just exceptions.

Crl.M. No. M-29257 of 2010

Heard.

Notice of motion.

On the asking of the Court, Mr. K.D. Sachdeva, Addl.A.G., Punjab, who is present in Court, accepts notice on behalf of the State.

Learned Counsel for the petitioner is directed to supply copy of the paper-book to learned State counsel during the course of the day.

It has been stated by learned State counsel that petitioner be directed to join the investigation.

Hence, petitioner is directed to join the investigation on 15.10.2010 at 10.00 a.m. and thereafter as and when directed by the Investigating Officer and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified u/s 438(2) Cr.P.C.

Adjourned to 16.11.2010.

To be heard alongwith Crl.M. No. M-29132 of 2010.

5.

It has been stated by learned Counsel for the petitioners that pursuant to the said orders, the petitioners have already joined the investigation.

6.

It has been stated by learned State counsel as well that the petitioners have joined the investigation and that they are no more required for any custodial interrogation by the police.

7.

There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

8.

In view of these facts and without expressing any opinion on the merits of the case, both orders dated 8.10.2010, granting interim bail to petitioners-Sapna and Tarsem Lal, are, hereby made absolute subject to the compliance of conditions contained in Section 438(2) Cr.P.C.

9.

Both the present petitions stand disposed of accordingly.