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Mamta Kaur Vs State Of Punjab

Case No: Criminal Appeal No. 136 Of 2025 (Arising Out Of Special Leave Petition (Criminal) No. 14647 Of 2024)

Date of Decision: Jan. 9, 2025

Acts Referred: Indian Penal Code, 1860 — Section 306

Hon'ble Judges: Bela M. Trivedi, J; Prasanna B. Varale, J

Bench: Division Bench

Advocate: Nikhil Ghai, Sweta Rani, Baani Khanna

Final Decision: Allowed

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Judgement

1. Leave granted.

2. The present appeal is directed against the impugned judgment and order dated 17.04.2023, passed by the High Court of Punjab and Haryana in

CRM-M-No. 17439 of 2023, whereby the High Court had rejected the said petition filed by the present appellant seeking anticipatory bail in

connection with the case FIR No. 13 dated 14.02.2023, registered at Police Station-Gharinda, District-Amritsar for the offence punishable under

Section-306 of the Indian Penal Code.

3. Heard learned counsel for the parties and perused the material on record.

4. It is fairly submitted by the learned counsel appearing for the respondent-State of Punjab that pursuant to the Order passed by this Court on

21.10.2024, the appellant has joined the investigation as and when called upon to do so and that she has received a letter from the Investigating Officer

stating therein that no more custodial interrogation of the appellant is required in the case.

5. In view of the above, we are inclined to accept the present appeal.

6. Hence, it is directed that in the event of the arrest of the appellant, in connection with the case FIR No. 13 dated 14.02.2023, registered at Police

Station-Gharinda, District-Amritsar, she shall be released on bail, if not required in any other case, on such terms and conditions that may be imposed

or deem fit by the Trial Court.

7. It goes without saying that the responden-State shall be at liberty to file appropriate application seeking cancellation of bail in case any of the

conditions, that may be imposed by the Trial Court, are violated or breached by the appellant.

8. Accordingly, the appeal is allowed.

9. Pending application(s), if any, shall stand closed.