High CourtsSingle Bench(2011) 04 P&H CK 0345

Surinder Kaur vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 26 April 2011

HON’BLE JUDGES
Rajan Gupta, J
CASE NUMBER
Criminal Miscellaneous No. M-11256 of 2011 (O and M)

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Judgment

5 paragraphs · 201 words

Rajan Gupta, J.—This is a petition u/s 438 Code of Criminal Procedure seeking pre-arrest bail in a case registered against the Petitioner under Sections 307, 323, 148, 149, 506 IPC and Section 25/27/54/59 of Arms Act at Police Station Salem Tabri, District Ludhiana, vide FIR No. 76 dated 28th April, 2010.

2.

Learned Counsel for the Petitioner has argued that no offence u/s 307 IPC is made out qua the Petitioner and she was never served by the investigating agency, due to which she was declared a proclaimed offender.

3.

I have heard learned Counsel for the Petitioner and given careful thought to the facts of the case.

4.

The allegation against the accused including the Petitioner is that they assaulted Bhola and Parveen Kaur. While husband of the Petitioner fired at them, Petitioner gave slaps. The investigating agency made efforts for the Petitioner to join investigation but the same proved futile. Resultantly, she was declared proclaimed offender.

5.

Under the circumstances, I do not find it a fit case for grant of pre-arrest bail to the Petitioner. However, in case she surrenders before the investigating agency within a week from today, her plea shall be decided within a week thereafter.