[2025] 1 S.C.R. 649 : 2025 INSC 49
Mamta Kaur
v.
State of Punjab
(Criminal Appeal No. 136 of 2025)
09 January 2025
[Bela M. Trivedi and Prasanna B. Varale, JJ.]
Issue for Consideration
Whether the appellant can be granted anticipatory bail in connection
with FIR No 13 dated 14.02.2023, for the offence punishable under
Section 306 of the Penal Code, 1860.
Headnotes†
Anticipatory Bail – Criminal Procedure Code – Section 438 –
Indian Penal Code – Section 306:
Held: Pursuant to interim order of Supreme Court, the appellant/
accused joined investigation and his custodial interrogation not
required as per the State – The appellant directed to be released
on bail, if not required in any other case, on such terms and
conditions that may be imposed or deemed fit by the trial court –
The Respondent State shall be at liberty to seek cancellation of bail
in case any conditions, as imposed by the trial court, are violated
by the appellant. [Paras 6, 7]
List of Acts
Code of Criminal Procedure, 1973; Penal Code 1860.
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
136 of 2025
From the Judgment and Order dated 17.04.2023 of the High Court
of Punjab & Haryana at Chandigarh in CRM-M No. 17439 of 2023
Appearances for Parties
Nikhil Ghai, Ms. Sweta Rani, Advs. for the Appellant.
Ms. Baani Khanna, Adv. for the Respondent.
650
[2025] 1 S.C.R.
Supreme Court Reports
Judgment / Order of the Supreme Court
Judgment
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.
Result of the case: Appeal allowed.
†Headnotes prepared by: Harshit Anand, Hony. Associate Editor
(Verified by: Shadan Farasat, Sr. Adv.)
Lex