High Court of Punjab and HaryanaCRM-M/14759/2016dismissed

Krishan Dev v. State Of Punjab

2016-09-16Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-14759 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-14759 of 2016 Date of Decision: 16.9.2016 Krishan Dev .....Petitioner

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. A.S.Kalra, Advocate for the petitioner.

Mr. V.P.S.Sidhu, AAG, Punjab.

Mr. Vijay Rana, Advocate for respondent No. 2.

**** ANITA CHAUDHRY, J(ORAL) The petitioner is seeking regular bail in FIR No. 36 dated 27.2.2016 registered at Police Station Bhargo Camp, Jalandhar under Sections 420, 494, 465, 466 IPC.

Mr. Vijay Rana, Advocate puts in appearance on behalf of respondent No. 2 and has filed the power of attorney. Counsel for the petitioner contends that the petitioner is in custody since 3.3.2016 and only one witness has been examined and the trial will take time. It was urged that the marriage took place in 1987 and the wife had applied for divorce and the divorce was granted and thereafter the petitioner had performed second marriage. It was urged that the wife is still residing in the same house.

The complainant as well as the State counsel have opposed the Gurpreet Singh Bhatia 2016.09.22 10:13 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-14759 of 2016 -2bail application. It was urged that the petitioner has performed second marriage without a divorce and the decree is forged and no petition had been filed by the wife and when the information regarding the second marriage came to the notice of the complainant, the petitioner managed a forged decree shown to have been filed in September 2002 and they had checked up the record and it was found that the case number relates to a case under the motor accident case. A fraud had been played upon the wife and the second marriage has been registered in the office of Registrar in March 2015 and some property had been transferred to Balbir Kaur. There are allegations of fraud and forging a decree. The petitioner has admitted that he has married second time. Considering the allegations, no case for bail is made out.

Petition is dismissed.

(ANITA CHAUDHRY) JUDGE September 16, 2016 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2016.09.22 10:13 I attest to the accuracy and authenticity of this document High Court Chandigarh