Jagraj Singh v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: August 28, 2015 Jagraj Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr.Amit Arora, Advocate, for the petitioner.

Mr.K.S.Pannu, DAG, Punjab.

Mr.G.S.Sirphikhi, Advocate, for the informant.

Naresh Kumar Sanghi, J.(Oral) Prayer in this petition, filed under Section 438, Cr.P.C., is for grant of anticipatory bail to the petitioner, Jagraj Singh (husband of informant-Jasbir Kaur) who has been booked for having committed the offences punishable under Sections 120-B, 313, 406 and 498-A, IPC,in a case arising out of FIR No.16, dated 15.02.2014, registered at Police Station, Ghuman Police District Batala, District Gurdaspur.

Learned counsel for the petitioner submits that in terms of the interim directions issued on various dates by this Court, the petitioner has joined the investigation; all the alleged dowry articles have already been recovered by the Investigating Agency; the allegations of miscarriage were found SEEMA RANI 2015.08.31 16:36

[2] false and as such, Sarabjit Kaur, a co-accused of the petitioner was discharged by the police and Section 313, IPC, was deleted from the case; custodial interrogation of the petitioner is not required and as such, the present petition be accepted and the interim directions issued by this Court be confirmed. On the other hand, learned counsel for the State submits that within 10 months of her marriage, the informant Jasbir Kaur was forced by the petitioner and his family members to leave the matrimonial house; she was severely beaten up on several occasions and lastly on 16.12.2013 after severe beating Jasbir Kaur she was thrown out of the matrimonial house; the MLR conducted on 17.12.

2013 by Medical Officer, Civil Hospital, Ghuman, would clearly show that the informant was caused three injuries on her person; there was constant demand by the petitioner and his family members from the informant and on that account she (informant) was being harassed, maltreated and tortured. After obtaining instructions from SI Ram Singh, Police Statioin, Ghuman, submits that though the petitioner has joined the investigation yet all the gold ornaments have not been recovered.

Learned counsel for the informant has adopted the submissions made by learned counsel for the State. I have heard learned counsel for the parties and with their able assistance gone through the material available on record.

[3] There are specific allegations of harassment and beating of the informant by the petitioner and his family members. Within 10 months of her marriage, the informant was thrown out of the matrimonial house after causing severe injuries. The medico-legal report dated 17.12.2013 prepared by the Medical Officer, Ghhuman, of the informant would reveal her woeful condition in the matrimonial house. The petitioner being the husband is the main accused in this case. No ground for grant of anticipatory bail to the petitioner is made out.

Dismissed.

The interim directions issued by this Court on various dates are hereby withdrawn.

August 28, 2015 (Naresh Kumar Sanghi) seema Judge

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