Supreme Court of India

MAMTA KAURversusSTATE OF PUNJAB

Citation: 2025 INSC 49
Decided: 9 January 2025
Disposal: Appeal(s) allowed
Bench: BELA M TRIVEDIPRASANNA BHALACHANDRA VARALE

Holding

The Supreme Court granted anticipatory bail, directing release on bail if arrested, subject to conditions imposed by the trial court.

Summary

The appellant, Mamta Kaur, was charged under Section 306 of the IPC in FIR No.13 dated 14‑02‑2023. She applied for anticipatory bail under Section 438 of the CrPC, which the Punjab & Haryana High Court rejected. On appeal, the Supreme Court observed that the appellant had cooperated with the investigation and that the investigating officer confirmed no further custodial interrogation was required. In view of these facts, the Court directed that, if arrested, she be released on bail subject to such terms and conditions as the trial court may impose, and that the State may seek cancellation of bail for any breach. Accordingly, the appeal was allowed, granting anticipatory bail.

Issues considered

Whether the appellant is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a case involving an offence punishable under Section 306 of the Indian Penal Code

Legislation cited

Code of Criminal Procedure, 1973s. 438
Indian Penal Code, 1860s. 306

Headnote

Issue for Consideration Whether the appellant can be granted anticipatory bail in connection with FIR No 13 dated 14.02.2023, for the offence punishable under Section 306 of the Penal Code, 1860. Headnotes† Anticipatory Bail – Criminal Procedure Code – Section 438 – Indian order of Supreme Court, the appellant/ accused joined investigation and his custodial interrogation not required as per the State – The appellant directed to be released on bail, if not required in any other case, on such terms and conditions that may be imposed or deemed fit by the

Subjects

anticipatory bailSection 438 CrPCSection 306 IPCbail cancellationinvestigation cooperationSupreme Court

Judgment

           [2025] 1 S.C.R. 649 : 2025 INSC 49

                         Mamta Kaur
                               v.
                        State of Punjab
              (Criminal Appeal No. 136 of 2025)
                        09 January 2025
    [Bela M. Trivedi and Prasanna B. Varale, JJ.]


                     Issue for Consideration
Whether the appellant can be granted anticipatory bail in connection
with FIR No 13 dated 14.02.2023, for the offence punishable under
Section 306 of the Penal Code, 1860.

                            Headnotes†
Anticipatory Bail – Criminal Procedure Code – Section 438 –
Indian Penal Code – Section 306:
Held: Pursuant to interim order of Supreme Court, the appellant/
accused joined investigation and his custodial interrogation not
required as per the State – The appellant directed to be released
on bail, if not required in any other case, on such terms and
conditions that may be imposed or deemed fit by the trial court –
The Respondent State shall be at liberty to seek cancellation of bail
in case any conditions, as imposed by the trial court, are violated
by the appellant. [Paras 6, 7]

                           List of Acts
Code of Criminal Procedure, 1973; Penal Code 1860.

                       Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
136 of 2025
From the Judgment and Order dated 17.04.2023 of the High Court
of Punjab & Haryana at Chandigarh in CRM-M No. 17439 of 2023

                    Appearances for Parties
Nikhil Ghai, Ms. Sweta Rani, Advs. for the Appellant.
Ms. Baani Khanna, Adv. for the Respondent.
650                                                                  [2025] 1 S.C.R.

                                Supreme Court Reports


                      Judgment / Order of the Supreme Court

                                       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.

       Result of the case: Appeal allowed.


       †
           Headnotes prepared by: Harshit Anand, Hony. Associate Editor
                                   (Verified by: Shadan Farasat, Sr. Adv.)

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