2025 INSC 49

SUPREME COURT OF INDIA

(HON’BLE BELA M. TRIVEDI, J. AND HON’BLE PRASANNA B. VARALE, JJ.)

MAMTA KAUR

Petitioner

VERSUS

STATE OF PUNJAB

Respondent

Criminal Appeal No. 136 of 2025 (Arising out of SLP (Criminal) No. 14647 of 2024)-Decided on 09-01-2024

Criminal, Bail

Criminal Procedure Code, 1973, Section 439 – Anticipatory bail – Granted – Offence punishable u/s 306 IPC - Submitted by the learned counsel appearing for the respondent-State 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 - Investigating Officer stating in letter informing State Counsel that no more custodial interrogation of the appellant is required in the case – Appeal accepted - Directed that in the event of the arrest of the appellant, in connection with the case FIR 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 - Respondent-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.

(Para 4 to 7)

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.

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