BEANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail to the petitioner in case bearing FIR No.88 dtd. 3/7/2021 (Annexure P-1) under Ss. 302/120-B of IPC registered at Police Station Nurpur Bedi District Rupnagar, whereby, the petitioners have been summoned under Sec. 319 of Cr.P.C. to face the trial along with other co-accused.

(2.) Learned counsel for the petitioners inter alia contends that the petitioners have been summoned as an additional accused by the learned trial Court by invoking the power under Sec. 358 of BNSS (earlier Sec. 319 of Cr.P.C.). During the investigation, both the petitioners were found to be innocent and they have been placed in column No.2 in final report under Sec. 193 of BNSS (earlier Sec. 173 Cr.P.C.) and the charges were framed against the co-accused on 18/7/2023 and thereafter, the complainant, namely, Jaswinder Singh was examined as PW-1 and the prosecution moved an application under Sec. 358 of BNSS (earlier Sec. 319 of Cr.P.C.) to summon the petitioners as an additional accused. The said application was allowed on 7/11/2024 and the petitioners have been entangled in this case only for the reason that they are the close relative being brother-in-law and sister-inlaw of the deceased. It is further submitted that petitioner No.2 is working in Indian Army since the year 2008 and he remained posted at far off areas. Further, investigation in the present case is complete and the petitioners are not required for the purpose of investigation and interrogation and the presence of the petitioners is required only at the time of trial and petitioners are ready to surrender before the learned trial Court and undertake to appear before the learned trial Court on each and every date. He further relies upon the judgments of this Court passed in 'Baljinder Singh Vs. State of Punjab' 2015 (3) R.C.R. (Criminal) 950; 'Balwinder Singh @ Doctor and another Vs. State of Punjab' 2019 (3) R.C.R. (Criminal) 797; 'Sahil Kumar Vs. State of Punjab' 2018 (2) Law Herald 1234 and 'Rajan Kumar Vs. State of Punjab' 2017 (3) Law Herald 2753.

(3.) The learned State counsel assisted by learned counsel for the complainant, could not controvert the fact that the investigating agency has exonerated the petitioners during the investigation and they have been declared innocent and now the petitioners have been summoned as an additional accused before the learned trial Court and they are not required for the purpose of investigation.