BALWINDER KAUR Vs. STATE OF PUNJAB
LAWS(SC)-2016-7-134
SUPREME COURT OF INDIA
Decided on July 25,2016

BALWINDER KAUR Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The appellant approached the Punjab and Haryana High Court at Chandigarh by filing Criminal Misc.No.M-41311 of 2015, seeking anticipatory bail under Section 438 of the Criminal Procedure Code, with reference to FIR No.171 dated 17.11.2014, registered at Police Station Mukerian, District Hoshiarpur (Punjab). By the impugned order dated 19.01.2016, the appellant was declined the benefit of Section 438 Crl.P.C. It is therefore that the appellant has approached this Court.
(3.) Consequent upon this Court issuing notice, the State of Punjab has preferred a counter affidavit dated 28.06.2016, which has been filed by the Deputy Superintendent of Police, Sub-Division Mukerian, District Hoshiarpur (Punjab). Learned counsel for the appellant has invited our attention to the following observations recorded therein in paragraph 5 : ".....The petitioner and her husband were found to be innocent in the enquiry conducted by the D.S.P. Sub Division, Chabbewal and the enquiry was approved by S.S.P. Hoshiarpur and as such the custody of the petitioner is not required by the police and nothing is to be recovered from the petitioner in the present case." 4. In addition to the above, learned counsel for the appellant has invited our attention to the report of the Deputy Superintendent of Police, Chabbewal, Hoshiarpur (Punjab) dated 08.04.2015, wherein, the said Deputy Superintendent of Police made the following observations with reference to the appellant: "From my secret and open investigation conducted by me in the application, it has come forward that Balwinder Kaur and Nishan Singh residents of Shastri Nagar, PS Mukerian, District Hoshiarpur have not aborted the deceased Diksha because as per the statement of the eye witness Navjot Kaur, she has never seen Balwinder Kaur and Nishan Singh before. As per the statement of couple who aborted Diksha, were within the age group of 35-40 years. Whereas neither has ever seen Balwinder Kaur and Nishan Singh and nor Sarabjit Kaur, complainant in the case has ever seen them. That no role of Balwinder Kaur and Nishan Singh is found behind the death of Diksha. They are absolutely innocent and have been found so. If the report is accepted, then Balwinder Kaur wife of Nishan Sngh and Nishan Singh son of Sewa Singh resident of Shastri Nagr, PS Mukerian, District Hoshiarpur be declared innocent and the SHO, PS Mukerian be directed to get Nishan Singh discharged from the instant case after arresting the accused Amritpal Singh, the original culprits may be brought to light and arrested." 5. In view of the above report, tentatively exonerating the appellant, and the clear assertion contained in the counter affidavit, filed by the State of Punjab to the effect, that the appellant is not required by the police, we are of the view, that the prayer made by the appellant for concession of anticipatory bail under Section 438 Crl.P.C. deserves to be allowed. The same is accordingly hereby allowed. In case of the arrest of the appellant, she shall be released on bail on furnishing a personal bond of L 10,000/- with one surety in the like amount to the satisfaction of the arresting officer. 6. The instant appeal is allowed in the above terms.;


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