RAM CHAND GUPTA,J.(ORAL) - (1.) THE present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no. 117 dated 22.10.2011, under Sections 452/447/511/427/324/323/148/ 326 IPC, registered at police station Ghall Khurd, District Ferozepur.
(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Ferozepur dismissing anticipatory bail application filed on behalf of the petitioner. This Court while issuing notice of motion on 01.06.2012 passed the following order:- "Crl.M.No.33021 of 2012 Application is allowed subject to all just exceptions. Contends that petitioner is a lady and that entire family of petitioner has been involved in this case. It is further submitted that her husband Kartar Dass has already been arrested in this case, who is the main accused as head injury has been attributed to him. It is also contended that moreover it is a case of version and cross-version. It is further submitted that injury attributed to present petitioner is on the nose, which is not possible if the injury is caused with kapa as in that case she would have sustained more serious injury. Notice of motion to Advocate General, Punjab, for 30.7.2012. However, in the meantime, petitioner is directed to join the investigation 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 under Section 438(2) Cr.P.C." It has been contended by learned counsel for the petitioner that she has already joined the investigation pursuant to said order dated 01.06.2012. It has also been stated by learned counsel for the State, on instruction from ASI Jagraj Singh, that petitioner has joined the investigation and that she is no more required for any custodial interrogation.
(3.) THERE are no allegations on behalf of the State that petitioner is likely to abscond or that hse is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Piyari is accepted and order dated 01.06.2012 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified under Section 438(2) Cr.P.C. The present petition stands disposed of accordingly.;