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2021 DIGILAW 1531 (PNJ)

Gurbinder Kaur v. State Of Punjab

2021-08-09

JAISHREE THAKUR

body2021
JUDGMENT Jaishree Thakur, J. - The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in General Diary No. 41 dated 17.03.2021 under Sections 341, 323, 148, 149 IPC and Section 308 IPC added later on registered at Police Station Sadar Faridkot. (Cross case in FIR No. 42 dated 17.03.2021 under Sections 452, 354, 379-B, 323, 148, 149 IPC registered at Police Station Sadar Faridkot, District Faridkot, Punjab. 2. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the FIR. It is argued that no specific role has been attributed to the petitioner and there is only general allegation that the petitioner attacked Nirmal Singh with a sharp edged weapon. It is submitted that this is a case of version and cross version wherein both the parties have suffered injuries. It is also argued that the matter has already been investigated and the challan stands presented. Since the trial is likely to take some time to conclude, therefore, the custody of the petitioner would no longer be required. 3. Learned counsel for the respondent-State, on instructions from the Investigating Officer opposes grant of regular bail to the petitioner while pointing to the seriousness of allegations levelled against her, however, she does not dispute the fact that the matter stands duly investigated and the challan has been presented. 4. I have heard learned counsel for the parties and have also perused the paper book. The trial is likely to take some time to conclude owing to present COVID-19 pandemic situation. The matter stands duly investigated and challan has already been filed. In the aforesaid facts and circumstances of the case, no useful purpose would be served in keeping the petitioner behind the bars any longer. The instant petition is allowed and the petitioner is directed to be released on regular bail on her execution of adequate personal/surety bonds to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.