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2025 Supreme(SC) 81

SUPREME COURT OF INDIA
BELA M. TRIVEDI, PRASANNA B. VARALE, JJ.
Mamta Kaur – Appellant
Versus
State of Punjab – Respondent
Criminal Appeal No. 136 of 2025 (Arising out of SLP(Criminal) No. 14647 of 2024)
Decided On : 09-01-2025

Advocates appeared:
For the Petitioner(s): Mr. Nikhil Ghai, Adv. (through VC) Ms. Sweta Rani, AOR
For the Respondent(s): Ms. Baani Khanna, AOR

IMPORTANT POINT
Anticipatory bail can be granted where accused is cooperating in investigation and no more custodial interrogation is required in the case.

Headnote:

Criminal Procedure Code, 1973 – Section 438 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 482] – Anticipatory bail – FIR registered for offence punishable under Section 306 of IPC – Appellant has joined investigation as and when called upon to do so – She has received letter from Investigating Officer stating therein that no more custodial interrogation of appellant is required in the case – Anticipatory bail granted to appellant, giving liberty to State to seek cancellation of bail in case of any breach of conditions by appellant. (Paras 4, 6 and 7)

Facts of the case:

Present appeal is directed against the impugned judgment and order dated 17.04.2023, passed by High Court of Punjab and Haryana in CRM-M-No. 17439 of 2023, whereby the High Court had rejected the petition filed by present appellant seeking anticipatory bail in connection with FIR registered for the offence punishable under Section 306 of the Indian Penal Code.

Findings of Court:

Respondent-State shall be at liberty to file appropriate application seeking cancellation of bail in case any of conditions, that may be imposed by Trial Court, are violated or breached by appellant.

Result : Appeal allowed.

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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