Sunny Sharma v. State Of Punjab

CRM-M 17421 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M 17421 of 2015 Date of decision : 25.05.2015 Sunny Sharma ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Ms. Charanjeet Kaur, Advocate for the petitioner. RAJAN GUPTA J.

This is a petition filed under Section 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioner vide FIR No. 243 dated 09.10.2009 under Sections 406, 498-A IPC at Police Station Division No. 8, Jalandhar.

Learned counsel for the petitioner submits that all dowry articles have been returned and petitioner is not required for the purpose of investigation. He, thus, deserves to be granted the concession of pre-arrest bail.

Heard.

Complaint was lodged by Monika, wife of petitioner. She alleged that she was married to petitioner on 27.05.2007 as per hindu religious rights. Her parents gave sufficient dowry articles including cash amount, car, gold ornaments and jewellery. However, her in-laws being dis-satisfied, harassed the complainant mentally and physically. Number of other allegations are leveled in the FIR. Accused demanded another amount of `5.00 lacs from father of complainant. As she failed to fulfill the demand, she was turned out of the matrimonial home along with the minor daughter. AJAY KUMAR 2015.05.27 15:30 I attest to the accuracy and authenticity of this document

CRM-M 17421 of 2015 In view of serious nature of allegations, I am of the considered view that no case for concession of pre-arrest bail is made out. Besides, FIR pertains to year 2009. A query has been put to counsel for the petitioner how present petition has been preferred after a lapse of six years, no clear answer is forthcoming. Dismissed. However, in case judgment rendered in case reported as Arnesh Kumar vs. State of Bihar & anr., 2014(3) RCR (Crl.) 527 is applicable, petitioner shall be at liberty to make representation in terms thereof.

May 25, 2015 (RAJAN GUPTA) Ajay JUDGE AJAY KUMAR 2015.05.27 15:30 I attest to the accuracy and authenticity of this document