IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-12484 of 2009 (O&M) Date of decision: 20th May, 2009 Amandeep Kaur … Petitioner Versus State of Punjab … Respondent Criminal Misc. No. M-12917 of 2009 (O&M) Rajbir Kaur … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Naresh Jain, Advocate for the petitioners. Mr. Anter Singh Brar, Deputy Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) By this common order, two petitions viz. Criminal Misc. No.M- 12484 of 2009 preferred by Amandeep Kaur and Criminal Misc. No. M- 12917 of 2009 preferred by Rajbir Kaur will be decided together. Both the petitions have been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioners in case FIR No. 83 dated 07.04.2009 registered at Police Station Dina Nagar, District Gurdaspur under Sections 307, 452, 326, 324, 323, 342, 148, 149 IPC. Criminal Misc. No. M-12484 of 2009 (O&M) On May 6, 2009, in Criminal Misc. No. M-12484 of 2009, this Court had passed the following order: “Counsel for the petitioner submits that petitioner is daughter-in-law of Daljit Singh. In the occurrence, her father- in-law, husband and brother of the husband had participated. Petitioner is stated to be armed with an iron rod and had given allegedly two blows on the back of left shoulder of Sukhbir Singh, husband of the complainant. Counsel further submits that injury attributed to the petitioner is simple in nature. Counsel further submits that petitioner had given birth to male child on 22.1.2009. To support this contention, counsel rely upon Annexures P1 and P2. Counsel further submits that pregnancy at advance stage of the petitioner at the time of occurrence rule out her participation in the occurrence. Furthermore, for the sake of infant petitioner is entitled to benefit of pre-arrest bail. Issue notice of motion to learned Advocate General, Punjab, for 15.5.2009. Meanwhile, in the event of arrest, petitioner(s) shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioner(s) shall join investigation as and when called for. Petitioner(s) shall also abide by the conditions specified under Section 438(2) Cr.P.C.” On May 15, 2009, in Criminal Misc. No. M-12917 of 2009, following order was passed: “Counsel for the petitioner rely upon order passed in case of co-accused-Amandeep Kaur on 6.5.2009. Counsel further submits that petitioner has also caused simple injury and was seven months pregnant at the time of occurrence. Issue notice of motion to learned Advocate General, Punjab, for 20.5.2009. Meanwhile, in the event of arrest, petitioner(s) shall be released on interim bail to the satisfaction of the Arresting Officer. Petitioner(s) shall join investigation as and when 2 Criminal Misc. No. M-12484 of 2009 (O&M) called for. Petitioner(s) shall also abide by the conditions specified under Section 438(2) Cr.P.C. To be heard along with Criminal Misc. No. M-12484 of 2009.” Counsel for the State, on instructions from ASI Baldev Raj, has stated that both the petitioners namely Amandeep Kaur and Rajbir Kaur have joined the investigation and they are no longer required for custodial interrogation. For the reasons stated in orders dated May 6, 2009 and May 15, 2009 and in view of the statement made by counsel for the State, interim bail granted to the petitioners vide orders dated May 6, 2009 and May 15, 2009 respectively, is made absolute till submission of report under Section 173 Cr.P.C. (challan). Thereafter, petitioners will be permitted to furnish regular bail bonds to the satisfaction of the trial Court. With these observations, above said two petitions are disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 20, 2009 rps 3