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2021 Supreme(P&H) 258

JAISHREE THAKUR
Rashma Kuthiala – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
A.R. Sidhu, Advocate, Shiv Kumar, Advocate, Monika Jalota, Advocate, Amit Jhanji, Advocate

JUDGMENT

Jaishree Thakur, J. - The instant petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioner in the event of arrest in FIR No. 241 dated 23.11.2021, registered under Sections 307, 324, 323, 120-B, 148, 149 (Section 326 added later on) of the Indian Penal Code at Police Station Division No. 2, District Pathankot.

2. Learned Senior Counsel for the petitioner would contend that the petitioner herein has been falsely implicated in the present case as no role or injury has been attributed to her. In fact, the alleged dispute arises out of a civil litigation, which is already pending between the parties. It is also argued that as per proviso (ii) of Section 437 (1) of the Code of Criminal Procedure, 1973, the Court may direct a person to be released for a non-compoundable offence, if such a person is under the age of sixteen years or is a woman or is sick or infirm and in the present case the petitioner is a woman and would undertake to comply with any direction given by this Court, if allowed anticipatory bail.

3. Reply has been filed by the complainant, wherein it is categorically averred that there is pending liti

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