Mandeep Singh v. State Of Punjab And ANR

Sr. No.101+208

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision:
  

 MANDEEP SINGH ........Petitioner versus STATE OF PUNJAB AND ANR .......Respondents

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. G.S. Verma, Advocate for the petitioner.

Ms. Sakshi Bakshi, AAG, Punjab, assisted by HC Rahul Kumar.

Mr. Ramandeep, Advocate for respondent No.2.

HARPREET KAUR JEEWAN, J. (ORAL) CRM-37836-2024 Allowed as prayed for.

List of dowry articles, which are yet to be recovered from the petitioner, is taken on record as Annexure R-2/1, subject to all just exceptions. 1.

The instant petition has been filed under Section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail to the petitioner in case FIR No.02 dated 22.01.2024, under Sections 406, 498-A IPC, 1860, registered at Police Station Women, Patiala, District Patiala (Annexure P-1). 2.

As per the order dated 06.03.2024, the matter was referred to Mediation. As per the report received from the Mediator, mediation failed.

 3.

As per the order dated 21.05.2024, the petitioner was directed to join the investigation and the order granting interim bail to the petitioner was passed. 4.

Learned counsel for the petitioner contends that the petitioner has joined the investigation in compliance of the aforesaid order dated 21.05.2024. 5.

The counsel appearing on behalf of the respondent No.2 contends that the recovery of complete dowry articles has not been effected from the petitioner. The articles which are yet to be recovered from the petitioner are detailed in Annexure R-2/1.

6.

However, learned State counsel, on instructions from HC Rahul Kumar, confirms that the petitioner has joined investigation and also contends that his further custodial interrogation is not required. He further confirms that recovery has been effected from the petitioner. 7.

The petitioner has joined investigation and his further custodial interrogation is not required by the Investigating Agency. As per the learned State counsel, recovery has been effected from the petitioner. The allegations and counter-allegations between the parties are a matter of trial. 8.

In view of the above facts and in view of the reasons recorded in the order dated 21.05.2024, the present petition is allowed and the order dated 21.05.2024, granting interim bail to the petitioner is made absolute, subject to the conditions laid down under Section 438(2) Cr.P.C. 9.

However, it is made clear that nothing expressed hereinabove would be construed to be an expression of opinion on merits of the case. 10.

However, liberty is reserved in favour of the State/respondent No.2 to move for cancellation/recalling of the order in case the petitioner violates any

 condition stipulated under Section 438 (2) Cr.P.C., or upon showing any other sufficient cause.

11.

Pending miscellaneous applications, if any, shall stand disposed of. (HARPREET KAUR JEEWAN) JUDGE
  

 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No