IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No.M-6373 of 2019
Date of Decision: 07.05.2019
State of Punjab and another
CORAM:- HON’BLE MR. JUSTICE HARI PAL VERMA
Present:- Mr. M.S. Atwal, Advocate for the petitioner.
Mr. Jagmohan Ghumman, DAG, Punjab.
Mr. Rohiteshwar Singh, Advocate for respondent no.2.
HARI PAL VERMA, J. (Oral)
Prayer in the present petition filed under Section 438 of the
Code of Criminal Procedure, 1973 is for grant of anticipatory bail to the
petitioner in the event of her arrest in complaint case No.3 of 2009 under
Sections 406 and Section498-A IPC instituted on 30.09.2009 (Annexure P-1).
Learned counsel for the petitioner has argued that the
petitioner is sister-in-law of respondent no.2 Jeet Kaur @ Rajwant Kaur.
Jeet Kaur had solemnized her marriage with the brother of the petitioner
namely Joginder Singh on 27.02.2018. Pursuant to the complaint filed by
respondent no.2 under Sections 406 and Section498A IPC, the petitioner was
summoned vide order dated 11.01.2010 and accordingly, she appeared
before the trial Court. But thereafter, she had gone abroad and vide order
dated 25.05.2015, the petitioner was declared as a proclaimed person. The
said order dated 25.05.2015 reads as under:-
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“File put up before me today being Duty Magistrate
since Ld. Illaqa Magistrate is availing maternity leave.
Accused Joginder Kaur has not turned up despite elapse of 30
days after due issuance of proclamation under Sectionsection 82
CrPC. Therefore, accused Joginder Kaur is declared
proclaimed person. Intimation be sent to the concerned police
station for making the entry in the relevant register. Now the
case stands adjourned to 1.8.2015 for post charge evidence of
Vide order dated 11.02.2019 of this Court, ad-interim bail was
granted to the petitioner to the satisfaction of the arresting officer, however,
the petitioner was directed to join investigation.
Learned counsel for the petitioner says that pursuant to order
dated 11.02.2019, the petitioner has appeared before the trial Court and she
has been admitted on bail.
I have heard learned counsel for the parties.
In view of the submission made by counsel for the petitioner
that the petitioner has appeared before the trial Court and she has been
admitted on bail, this Court finds that the present petition has been
Dismissed as infructuous.
However, the petitioner shall appear before the trial Court as
and when required unless exemption is granted to her.
May 07, 2019 ( HARI PAL VERMA )
Whether speaking / reasoned? Yes / No
Whether reportable? Yes / No
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