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Mamta Kaur vs State Of Punjab

Supreme Court9 January 2025Bela M. Trivedi

Ratio decidendi

The rule this decision rests on

Where an accused person has cooperated with the investigation, has joined the investigation as directed by the court, and the investigating officer confirms that no further custodial interrogation is required, anticipatory bail shall be granted to be operative upon arrest, with the bail to be released by the Trial Court on such terms and conditions as it deems fit.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

1

(REPORTABLE) 2025 INSC 49 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No. OF 2025 (Arising out of SLP(Criminal) No. 14647/2024)

MAMTA KAUR Appellant(s)

VERSUS

STATE OF PUNJAB Respondent(s)

J U D G M E N T

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 Signature Not Verified Digitally signed by ARJUN BISHT Date: 2025.01.09 21.10.2024, the appellant has joined the investigation 17:16:54 IST Reason:

as and when called upon to do so and that she has

received a letter from the Investigating Officer 2

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.

.......…..............J. (BELA M. TRIVEDI)

.........................J. (PRASANNA B. VARALE)

New Delhi 09th January, 2025 3

ITEM NO.8 COURT NO.11 SECTION II-B

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 14647/2024

[Arising out of impugned final judgment and order dated 17-04-2023 in CRM-M No. 17439/2023 passed by the High Court of Punjab & Haryana at Chandigarh]

MAMTA KAUR Petitioner(s)

VERSUS

STATE OF PUNJAB Respondent(s)

(IA No. 235648/2024 - EXEMPTION FROM FILING O.T.)

Date : 09-01-2025 These matters were called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PRASANNA B. VARALE

For Petitioner(s) Mr. Nikhil Ghai, Adv. (through VC) Ms. Sweta Rani, AOR

For Respondent(s) Ms. Baani Khanna, AOR

UPON hearing the counsel the Court made the following O R D E R

1. The appeal is allowed in terms of the signed

reportable judgment.

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

(NISHA KHULBEY) (MAMTA RAWAT) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

(signed reportable judgment is placed on the file)

*physical appearance not given

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