HARPAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed for seeking regular bail in FIR No.3, dated 14.01.2011 for the offences punishable under Sections 302, 148, 149 IPC, registered at Police Station Khem Karan, District Tarn Taran.

(2.) Learned counsel for the petitioner contends that there were 6 accused in the FIR, out of which during the investigation of the case, 4 of them were declared innocent and the remaining 2 accused namely, Harjit Singh and Jaswant Singh have since been convicted by the learned Trial Court. So far as the present petitioner, namely, Harpal Kaur is concerned, she was later on summoned under Section 319 Cr.P.C on the presentation of supplementary challan by the Police. It has been contended by the learned counsel for the petitioner that perusal of the order dated 03.05.2012 (Annexure P-3) shows that the role attributed to the petitioner is only raising of lalkara. The said order is an order wherein the petitioner was summoned for, aforesaid offences.

(3.) It is also a case of the petitioner that the petitioner is suffering from HIV +ve and this fact has been admitted by the learned State counsel on instructions from ASI Balwinder Singh and even in a short affidavit dated 11.09.2018 filed by Sulakhan Singh, Deputy Superintendent of Police, Sub Division Valtoha, Camp at Bhikhiwind, District Tarn Taran, it has been stated that the petitioner is a registered HIV patient and is under treatment since 01.05.2013. Another affidavit by Rajiv Kumar Arora, Deputy Superintendent, Central Jail, Amritsar alongwith report of Senior Medical Officer, Central Jail, Amritsar has also been filed which shows that she is being prescribed oral medication for HIV care and that it is also stated in it that such medicines can be administered in the jail as well.