High Court of Punjab and HaryanaCRM-M/12397/2018allowed

Pawan Singh v. State Of Punjab

2018-07-16Mr. Justice Jasgurpreet Singh Puri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-12397-2018 Date of decision: 16.07.2018 Pawan Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr.Shiv Charan Bhola, Advocate, for the petitioner.

Ms. Seena Mand, DAG, Punjab.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 14 dated 07.12.2017 under Sections 406 & 498-A IPC, registered at Police Station, Women Cell, SAS Nagar (Mohali).

This Court was pleased to pass the following order on 23.03.2018 :- "Counsel for the petitioner contends that Istridhan, lying in his possession, would be returned to the Investigating Officer while also contending that the jewelry items have already been taken by the complainant. He further submits that the petitioner is ready to join investigation and the matter may be referred to mediation for an amicable settlement. Notice of motion for 04.04.2018.

Meanwhile, in the event of arrest, the petitioner be Satyawan 2018.07.17 17:29 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-12397-2018 -2released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.

The parties are directed to appear before the Mediation and Conciliation Centre of this Court on the next date of hearing for exploring the possibility of an amicable settlement. The petitioner is directed to pay a sum of Rs. 22,000/- as litigation expenses to the complainant on the next date of hearing."

Learned counsel for the petitioner submits that the petitioner has joined the investigation, however, the mediation has failed. Learned counsel for the respondent-State, on instructions from ASI Jarnail Singh, submits that the petitioner has joined the investigation. Since the petitioner has joined the investigation, the petition is allowed and interim order dated 23.03.2018 is hereby made absolute subject to the condition that the petitioner will not tamper with evidence or hamper the investigation; will not leave India without permission of the Court and will comply with the conditions contained in Section 438(2) Cr.P.C. 16.07.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.07.17 17:29 I attest to the accuracy and authenticity of this document High Court Chandigarh