Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 75720 (PNJ)

AKWINDER KAUR v. STATE OF PUNJAB

CRM-M/35298/2025 · 2025-08-13

Sumeet Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM CRM CRM CRM----M M M M----35298 35298 35298 35298 206 206 206 206 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT Akwinder Kaur State of Punjab CORAM: CORAM: CORAM: CORAM: Present Present Present Present: SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of 11.05.2025, under Section registered at Police Station 2. petitioner is a lady aged 29 years, the petitioner is a lactating 35298 35298 35298 35298----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM---- Date of decision: Date of decision: Date of decision: Date of decision: Akwinder Kaur versus State of Punjab HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Arshpreet Khadial, Advocate Mr. Jaypreet Singh, DAG Punjab. ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) Present petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) concession of anticipatory bail to the petitioner in case FIR No. , under Sections 103, 109, 115(2), 61(2), 3(5) registered at Police Station Talwandi Sabo, Bathinda. On 08.07.2025, the following order was passed: “Counsel for the petitioner, petitioner is a lady aged 29 years, the petitioner is a lactating lady who has given birth to female twins on 08.06.2025, the incident alleged is dated 20.05.2025 wherein the petitioner was at an advance stage of pregnancy, no specific attributed to the petitioner in the FIR in question and she is sought to be implicated on the basis of a supplementary statement made on 15.05.2025 at the instance of the complainant & the petitioner is willing to join investigation and cooperate therein. Notice of motion. On the strength of advance notice; Mr. Jatinder Pal Singh, Sr. DAG, Punjab has entered appearance on behalf of the respondent-State of Punjab. 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH ----M M M M----35298 35298 35298 35298----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 13 August 13 August 13 August 13,,,, 2025 2025 2025 2025 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Advocate for the petitioner. Singh, DAG Punjab. Present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of bail to the petitioner in case FIR No.91 dated 103, 109, 115(2), 61(2), 3(5) of the BNS, 2023, Talwandi Sabo, Bathinda. the following order was passed: Counsel for the petitioner, inter alia, contends that the petitioner is a lady aged 29 years, the petitioner is a lactating lady who has given birth to female twins on 08.06.2025, the incident alleged is dated 20.05.2025 wherein the petitioner was at an advance stage of pregnancy, no specific role was attributed to the petitioner in the FIR in question and she is sought to be implicated on the basis of a supplementary statement made on 15.05.2025 at the instance of the complainant & the petitioner is willing to join investigation and On the strength of advance notice; Mr. Jatinder Pal Singh, Sr. DAG, Punjab has entered appearance on behalf of Punjab. ....Petitioner ....Respondent of the for grant of dated , , contends that the petitioner is a lady aged 29 years, the petitioner is a lactating lady who has given birth to female twins on 08.06.2025, the incident alleged is dated 20.05.2025 wherein the petitioner was role was attributed to the petitioner in the FIR in question and she is sought to be implicated on the basis of a supplementary statement made on 15.05.2025 at the instance of the complainant & the petitioner is willing to join investigation and On the strength of advance notice; Mr. Jatinder Pal Singh, Sr. Jatinder Pal Singh, Sr. DAG, Punjab has entered appearance on behalf of MAHAVIR SINGH 2025.08.20 10:44 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----35298 35298 35298 35298 petitioner shall be released on interim bail subject to his 2.1. petitioner 3. to the order dated and her custodial interrogation is 4. the record, the interim order dated the conditions as enumerated under Section 5. be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned other incident that inv 6. cancellation/recall of this order in case the petitioner violates any condition 35298 35298 35298 35298----2025 2025 2025 2025 Adjourned to 05.08.2025. The petitioner is directed to appear before the Investigating Officer on 14.07.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. She shall abide by the condition(s) under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.” Thereafter, on 05.08.2025, the following order was passed: “Learned counsel for the petitioner submits that the petitioner was unable to join investigation on 14.7.2025 at 11:00 a.m. in the police station on account of ill health of her one of the newly born daughter. He opportunity be afforded to the petitioner. In the interests of justice, the petitioner is now directed to appear before the concerned Investigating Officer in the concerned police station on 8.8.2025 at 11:00 a.m. in te order dated 8.7.2025 earlier afforded Interim order to continue. Put up on 13.8.2025.” Learned State counsel (on instructions) has stated that pursuant to the order dated 05.08.2025, the petitioner has custodial interrogation is not required Having heard learned counsel for the parties the interim order dated 05.08.2025 the conditions as enumerated under Section 482 This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition 2222 Adjourned to 05.08.2025. The petitioner is directed to appear before the ating Officer on 14.07.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the ficer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. She shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, the following order was passed: Learned counsel for the petitioner submits that the was unable to join investigation on 14.7.2025 at station on account of ill health of her orn daughter. He seeks that another opportunity be afforded to the petitioner. In the interests of justice, the petitioner is now directed to before the concerned Investigating Officer in the on 8.8.2025 at 11:00 a.m. in terms of order dated 8.7.2025 earlier afforded to the petitioner. Interim order to continue. Learned State counsel (on instructions) has stated that pursuant , the petitioner has indeed joined investigation, required. Having heard learned counsel for the parties and gone through .2025 is made absolute, subject to 482(2) of BNSS. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be and will not operate in respect of any olves commission of an offence. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition The petitioner is directed to appear before the ating Officer on 14.07.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the ficer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, Learned counsel for the petitioner submits that the was unable to join investigation on 14.7.2025 at station on account of ill health of her seeks that another In the interests of justice, the petitioner is now directed to before the concerned Investigating Officer in the rms of Learned State counsel (on instructions) has stated that pursuant investigation, and gone through is made absolute, subject to This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be and will not operate in respect of any Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition MAHAVIR SINGH 2025.08.20 10:44 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----35298 35298 35298 35298 stipulated under Section sufficient cause. 7. be construed to be an opinion on the merits of the case. 8. August 13 August 13 August 13 August 13,,,, 2025 2025 2025 2025 mahavir Whether speaking/reasoned: Whether reportable: 35298 35298 35298 35298----2025 2025 2025 2025 stipulated under Section 482(2) of BNSS cause. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. Pending application(s), if any, shall also stand disposed of. 2025 2025 2025 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 3333 482(2) of BNSS or upon showing any other Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) (SUMEET GOEL) JUDGE JUDGE JUDGE JUDGE or upon showing any other Needless to say that anything observed herein above shall not MAHAVIR SINGH 2025.08.20 10:44 I attest to the accuracy and authenticity of this order/ judgment